F 

865 
W85F 
1918 


,-Kjfa  *«t  *»*     >y       -V         f^L     faftf.  cntt   <yws     «-(Q     »      *        «k       uncw 

THWART  EDWARD 


THE  FORTY-NINERS 


THE  CHRONICLES 


OF  AMERICA  SERIES 


ALLEN  JOHNSON 


GERHARD    R.    LOMER 

CHARLES    W.   JEFFERYS 

ASSISTANT  EDITORS 


—        3 


•3    H 


B 


O    e 


12 

"  s 


Q    O 


THE  FORTY-NINERS 

A  CHRONICLE  OF  THE 

CALIFORNIA  TRAIL  AND  EL  DORADO 

BY  STEWART  EDWARD  WHITE 


NEW  HAVEN:  YALE    UNIVERSITY   PRESS 

TORONTO:   GLASGOW,  BROOK    &   CO. 

LONDON:   HUMPHREY   MILFORD 

OXFORD    UNIVERSITY   PRESS 


Copyright,  1918,  by  Yale  University  Press 


CONTENTS     |<?|# 

I.     SPANISH  DAYS  Page  1 

II.    THE  AMERICAN  OCCUPATION  "  13 

III.  LAW— MILITARY  AND  CIVIL  "  46 

IV.  GOLD  "  55 
V.    ACROSS  THE  PLAINS  "  67 

VI.    THE  MORMONS  "  77 

VII.    THE  WAY  BY  PANAMA  "  96 

VIII.    THE  DIGGINGS  "  106 

IX.    THE  URBAN  FORTY-NINER  "  119 

X.    ORDEAL  BY  FIRE  "  140 

XI.    THE  VIGILANTES  OF  '51  "  150 

XII.    SAN  FRANCISCO  IN  TRANSITION  "  159 

XIII.  THE  STORM  GATHERS  "  174 

XIV.  THE  STORM  BREAKS  "  210 
XV.    THE  VIGILANTES  OF  '56  "  231 

XVI.    THE  TRIUMPH  OF  THE  VIGILANTES  "  258 

BIBLIOGRAPHICAL  NOTE  "  267 

INDEX  -  271 


SUNDAY   MORNING   IN  THE   MINES 

From  the  painting,  1849,  by  Charles  Nahh 
In  the  E.  B.  Crocker  Art  Gallery, 
Sacramento.  California.  Frontispiece 


IX 


THE  FORTY-NINERS 


CHAPTER  I 

SPANISH   DAYS 

THE  dominant  people  of  California  have  been 
successively  aborigines,  conquistador  es,  monks, 
the  dreamy,  romantic,  unenergetic  peoples  of 
Spain,  the  roaring  melange  of  Forty-nine,  and 
finally  the  modern  citizens,  who  are  so  distinctive 
that  they  bid  fair  to  become  a  subspecies  of  their 
own.  This  modern  society  has,  in  its  evolution, 
something  unique.  To  be  sure,  other  countries 
also  have  passed  through  these  same  phases.  But 
while  the  processes  have  consumed  a  leisurely  five 
hundred  years  or  so  elsewhere,  here  they  have 
been  subjected  to  forced  growth. 

The  tourist  traveler  is  inclined  to  look  upon  the 
crumbling  yet  beautiful  remains  of  the  old  mis- 
sions, those  venerable  relics  in  a  bustling  modern 


2  THE  FORTY-NINERS 

land,  as  he  looks  upon  the  enduring  remains  of  old 
Rome.  Yet  there  are  today  many  unconsidered 
New  England  farmhouses  older  than  the  oldest 
western  mission,  and  there  are  men  now  living 
who  witnessed  the  passing  of  Spanish  California. 

Though  the  existence  of  California  had  been 
known  for  centuries,  and  the  dates  of  her  first  visi- 
tors are  many  hundreds  of  years  old,  nevertheless 
Spain  attempted  no  actual  occupation  until  she 
was  forced  to  it  by  political  necessity.  Until  that 
time  she  had  little  use  for  the  country.  After 
early  investigations  had  exploded  her  dream  of 
more  treasure  cities  similar  to  those  looted  by 
Cortes  and  Pizarro,  her  interest  promptly  died. 

But  in  the  latter  part  of  the  eighteenth  century 
Spain  began  to  awake  to  the  importance  of  action. 
Fortunately  ready  to  her  hand  was  a  tried  and 
tempered  weapon.  Just  as  the  modern  statesmen 
turn  to  commercial  penetration,  so  Spain  turned, 
as  always,  to  religious  occupation.  She  made 
use  of  the  missionary  spirit  and  she  sent  forth 
her  expeditions  ostensibly  for  the  purpose  of  con- 
verting the* heathen.  The  result  was  the  so-called 
Sacred  Expedition  under  the  leadership  of  Juni- 
pero  Serra  and  Portola.  In  the  face  of  incredible 
hardships  and  discouragements,  these  devoted, 


SPANISH  DAYS  3 

if  narrow  and  simple,  men  succeeded  in  establish- 
ing a  string  of  missions  from  San  Diego  to  Sonoma. 
The  energy,  self-sacrifice,  and  persistence  of  the 
members  of  this  expedition  furnish  inspiring  read- 
ing today  and  show  clearly  of  what  the  Spanish 
character  at  its  best  is  capable. 

For  the  next  thirty  years  after  the  founding  of 
the  first  mission  in  1769,  the  grasp  of  Spain  on 
California  was  assured.  Men  who  could  do,  suffer, 
and  endure  occupied  the  land.  They  made  their 
mistakes  in  judgment  and  in  methods,  but  the 
strong  fiber  of  the  pioneer  was  there.  The  original 
padres  were  almost  without  exception  zealous, 
devoted  to  poverty,  uplifted  by  a  fanatic  desire 
to  further  their  cause.  The  original  Spanish 
temporal  leaders  were  in  general  able,  energetic, 
courageous,  and  not  afraid  of  work  or  fearful  of 
disaster. 

At  the  end  of  that  period,  however,  things 
began  to  suffer  a  change.  The  time  of  pioneering 
came  to  an  end,  and  the  new  age  of  material 
prosperity  began.  Evils  of  various  sorts  crept 
in.  The  pioneer  priests  were  in  some  instances 
replaced  by  men  who  thought  more  of  the  flesh- 
pot  than  of  the  altar,  and  whose  treatment  of  the 
Indians  left  very  much  to  be  desired.  Squabbles 


4  THE  FORTY-NINERS 

arose  between  the  civil  and  the  religious  powers. 
Envy  of  the  missions'  immense  holdings  undoubt- 
edly had  its  influence.  The  final  result  of  the 
struggle  could  not  be  avoided,  and  in  the  end 
the  complete  secularization  of  the  missions  took 
place,  and  with  this  inevitable  change  the  real 
influence  of  these  religious  outposts  came  to  an 
end. 

Thus  before  the  advent  in  California  of  the 
American  as  an  American,  and  not  as  a  traveler 
or  a  naturalized  citizen,  the  mission  had  disap- 
peared from  the  land,  and  the  land  was  inhabited 
by  a  race  calling  itself  the  genie  de  razon,  in  presumed 
contradistinction  to  human  beasts  with  no  reason- 
ing powers.  Of  this  period  the  lay  reader  finds  such 
conflicting  accounts  that  he  either  is  bewildered 
or  else  boldly  indulges  his  prejudices.  According 
to  one  school  of  writers  —  mainly  those  of  modern 
fiction  —  California  before  the  advent  of  the 
gringo  was  a  sort  of  Arcadian  paradise,  populated 
by  a  people  who  were  polite,  generous,  pleasure- 
loving,  high-minded,  chivalrous,  aristocratic,  and 
above  all  things  romantic.  Only  with  the  coming 
of  the  loosely  sordid,  commercial,  and  despicable 
American  did  this  Arcadia  fade  to  the  strains  of 
dying  and  pathetic  music.  According  to  another 


SPANISH  DAYS  5 

school  of  writers  —  mainly  authors  of  personal 
reminiscences  at  a  time  when  growing  antagonism 
was  accentuating  the  difference  in  ideals  —  the 
"greaser"  was  a  dirty,  idle,  shiftless,  treacherous, 
tawdry  vagabond,  dwelling  in  a  disgracefully 
primitive  house,  and  backward  in  every  aspect 
of  civilization. 

The  truth,  of  course,  lies  somewhere  between 
the  two  extremes,  but  its  exact  location  is  difficult 
though  not  impossible  to  determine.  The  influ- 
ence of  environment  is  sometimes  strong,  but  hu- 
man nature  does  not  differ  much  from  age  to  age. 
Racial  characteristics  remain  approximately  the 
same.  The  Californians  were  of  several  distinct 
classes.  The  upper  class,  which  consisted  of  a  very 
few  families,  generally  included  those  who  had  held 
office,  and  whose  pride  led  them  to  intermarry. 
Pure  blood  was  exceedingly  rare.  Of  even  the 
best  the  majority  had  Indian  blood;  but  the 
slightest  mixture  of  Spanish  was  a  sufficient  claim 
to  gentility.  Outside  of  these  "first  families," 
the  bulk  of  the  population  came  from  three  sources: 
the  original  military  adjuncts  to  the  missions, 
those  brought  in  as  settlers,  and  convicts  imported 
to  support  one  side  or  another  in  the  innumer- 
able political  squabbles.  These  diverse  elements 


6  THE  FORTY-NINERS 

shared  one  sentiment  only  —  an  aversion  to  work. 
The  feeling  had  grown  up  that  in  order  to  main- 
tain the  prestige  of  the  soldier  in  the  eyes  of  the 

• 

natives  it  was  highly  improper  that  he  should  ever 
do  any  labor.  The  settlers,  of  whom  there  were 
few,  had  themselves  been  induced  to  immigrate  by 
rather  extravagant  promises  of  an  easy  life.  The 
convicts  were  only  what  was  to  be  expected. 

If  limitations  of  space  and  subject  permitted,  it 
would  be  pleasant  to  portray  the  romantic  life  of 
those  pastoral  days.  Arcadian  conditions  were 
then  more  nearly  attained  than  perhaps  at  any 
other  time  in  the  world's  history.  The  picturesque, 
easy,  idle,  pleasant,  fiery,  aristocratic  life  has  been 
elsewhere  so  well  depicted  that  it  has  taken  on  the 
quality  of  rosy  legend.  Nobody  did  any  more 
work  than  it  pleased  him  to  do;  everybody  was 
well-fed  and  happy;  the  women  were  beautiful 
and  chaste;  the  men  were  bold,  fiery,  spirited, 
gracefully  idle;  life  was  a  succession  of  picturesque 
merrymakings,  lovemakings,  intrigues,  visits, 
lavish  hospitalities,  harmless  politics,  and  revolu- 
tions. To  be  sure,  there  were  but  few  signs  of 
progressive  spirit.  People  traveled  on  horseback 
because  roads  did  not  exist.  They  wore  silks  and 
diamonds,  lace  and  satin,  but  their  houses  were 


SPANISH  DAYS  7 

crude,  and  conveniences  were  simple  or  entirely 
lacking.  Their  very  vehicles,  with  wooden  axles 
and  wheels  made  of  the  cross-section  of  a  tree, 
were  such  as  an  East  African  savage  would  be 
ashamed  of.  But  who  cared?  And  since  no  one 
wished  improvements,  why  worry  about  them? 

Certainly,  judged  by  the  standards  of  a  truly  pro- 
gressive race,  the  Spanish  occupation  had  many 
shortcomings.  Agriculture  was  so  little  known 
that  at  times  the  country  nearly  starved.  Con- 
temporary travelers  mention  this  fact  with  wonder. 
"There  is,"  says  Ryan,  "very  little  land  under 
cultivation  in  the  vicinity  of  Monterey.  That 
which  strikes  the  foreigner  most  is  the  utter 
neglect  in  which  the  soil  is  left  and  the  indifference 
with  which  the  most  charming  sites  are  regarded. 
In  the  hands  of  the  English  and  Americans,  Monte- 
rey would  be  a  beautiful  town  adorned  with 
gardens  and  orchards  and  surrounded  with  pictur- 
esque walks  and  drives.  The  natives  are,  unfortu- 
nately, too  ignorant  to  appreciate  and  too  indolent 
even  to  attempt  such  improvement."  And 
Captain  Charles  Wilkes  asserts  that  "notwith- 
standing the  immense  number  of  domestic  animals 
in  the  country,  the  Californians  were  too  lazy 
to  make  butter  or  cheese,  and  even  milk  was  rare. 


8  THE  FORTY-NINERS 

If  there  was  a  little  good  soap  and  leather  occasion- 
ally found,  the  people  were  too  indolent  to  make 
them  in  any  quantity.  The  earth  was  simply 
scratched  a  few  inches  by  a  mean  and  ill-contrived 
plow.  When  the  ground  had  been  turned  up  by 
repeated  scratching,  it  was  hoed  down  and  the 
clods  broken  by  dragging  over  it  huge  branches 
of  trees.  Threshing  was  performed  by  spreading 
the  cut  grain  on  a  spot  of  hard  ground,  treading  it 
with  cattle,  and  after  taking  off  the  straw  throwing 
the  remainder  up  in  the  breeze,  much  was  lost 
and  what  was  saved  was  foul." 

General  shiftlessness  and  inertia  extended  also 
to  those  branches  wherein  the  Californian  was 
supposed  to  excel.  Even  in  the  matter  of  cattle 
and  sheep,  the  stock  was  very  inferior  to  that 
brought  into  the  country  by  the  Americans,  and 
such  a  thing  as  crossing  stock  or  improving  the 
breed  of  either  cattle  or  horses  was  never  thought 
of.  The  cattle  were  long-horned,  rough-skinned 
animals,  and  the  beef  was  tough  and  coarse.  The 
sheep,  while  of  Spanish  stock,  were  very  far  from 
being  Spanish  merino.  Their  wool  was  of  the 
poorest  quality,  entirely  unfit  for  exportation, 
and  their  meat  was  not  a  favorite  food. 

There  were  practically  no  manufactures  on  the 


SPANISH  DAYS  9 

whole  coast.  The  inhabitants  depended  for  all 
luxuries  and  necessities  on  foreign  trade,  and 
in  exchange  gave  hide  and  tallow  from  the  semi- 
wild  cattle  that  roamed  the  hills.  Even  this 
trade  was  discouraged  by  heavy  import  duties 
which  amounted  at  times  to  one  hundred  per 
cent  of  the  valuer  Such  conditions  naturally 
led  to  extensive  smuggling  which  was  connived 
at  by  most  officials,  high  and  low,  and  even  by 
the  monks  of  the  missions  themselves. 

Although  the  chief  reason  for  Spanish  occupancy 
was  to  hold  the  country,  the  provisions  for  defense 
were  not  only  inadequate  but  careless.  Thomes 
says,  in  Land  and  Sea,  that  the  fort  at  Mon- 
terey was  "armed  with  four  long  brass  nine- 
pounders,  the  handsomest  guns  that  I  ever  saw 
all  covered  with  scroll  work  and  figures.  They 
were  mounted  on  ruined  and  decayed  carriages. 
Two  of  them  were  pointed  toward  the  planet 
Venus,  and  the  other  two  were  depressed  so  that 
had  they  been  loaded  or  fired  the  balls  would 
have  startled  the  people  on  the  other  side  of  the 
hemisphere."  This  condition  was  typical  of  those 
throughout  the  so-called  armed  forts  of  California. 

The  picture  thus  presented  is  unjustly  shaded,  of 
course,  for  Spanish  California  had  its  ideal,  noble, 


10  THE  FORTY-NINERS 

and  romantic  side.  In  a  final  estimate  no  one 
could  say  where  the  balance  would  be  struck;  but 
our  purpose  is  not  to  strike  a  final  balance.  We 
are  here  endeavoring  to  analyze  the  reasons  why 
the  task  of  the  American  conquerors  was  so  easy, 
and  to  explain  the  facility  with  which  the  original 
population  was  thrust  aside. 

It  is  a  sometimes  rather  annoying  anomaly  of 
human  nature  that  the  races  and  individuals  about 
whom  are  woven  the  most  indestructible  mantles 
of  romance  are  generally  those  who,  from  the  stand- 
point of  economic  stability  or  solid  moral  quality, 
are  the  most  variable.  We  staid  and  sober  citizens 
are  inclined  to  throw  an  aura  of  picturesqueness 
about  such  creatures  as  the  Stuarts,  the  dissipated 
Virginian  cavaliers,  the  happy-go-lucky  barren 
artists  of  the  Latin  Quarter,  the  fiery  touchiness  of 
that  so-called  chivalry  which  was  one  of  the  least 
important  features  of  Southern  life,  and  so  on. 
We  staid  and  sober  citizens  generally  object  strenu- 
ously to  living  in  actual  contact  with  the  unpunctu- 
ality,  unreliability,  unreasonableness,  shiftlessness, 
and  general  irresponsibility  that  are  the  invariable 
concomitants  of  this  picturesqueness.  At  a  safe 
distance  we  prove  less  critical.  We  even  go  so 
far  as  to  regard  this  unfamiliar  life  as  a  mental 


SPANISH  DAYS  11 

anodyne  or  antidote  to  the  rigid  responsibility  of 
our  own  everyday  existence.  We  use  these  his- 
torical accounts  for  moral  relaxation,  much  as 
some  financiers  or  statisticians  are  said  to  read 
cheap  detective  stories  for  complete  mental 
relaxation. 

But  the  Californian's  undoubtedly  admirable 
qualities  of  generosity,  kindheartedness  (when- 
ever narrow  prejudice  or  very  lofty  pride  was  not 
touched),  hospitality,  and  all  the  rest,  proved,  in 
the  eyes  of  a  practical  people  confronted  with  a 
large  and  practical  job,  of  little  value  in  view  of  his 
predominantly  negative  qualities.  A  man  with 
all  the  time  in  the  world  rarely  gets  on  with  a  man 
who  has  no  time  at  all.  The  newcomer  had  his 
house  to  put  in  order;  and  it  was  a  very  big  house. 
The  American  wanted  to  get  things  done  at  once; 
the  Californian  could  see  no  especial  reason 
for  doing  them  at  all.  Even  when  his  short-lived 
enthusiasm  happened  to  be  aroused,  it  was  for 
action  tomorrow  rather  than  today. 

For  all  his  amiable  qualities,  the  mainspring  of 
the  Californian's  conduct  was  at  bottom  the 
impression  he  could  make  upon  others.  The 
magnificence  of  his  apparel  and  his  accoutrement 
indicated  no  feeling  for  luxury  but  rather  a  fond- 


12  THE  FORTY-NINERS 

ness  for  display.  His  pride  and  quick-tempered 
honor  were  rooted  in  a  desire  to  stand  well  in  the 
eyes  of  his  equals,  not  in  a  desire  to  stand  well 
with  himself.  In  consequence  he  had  not  the 
builder's  fundamental  instinct.  He  made  no 
effort  to  supply  himself  with  anything  that  did  not 
satisfy  this  amiable  desire.  The  contradictions  of 
his  conduct,  therefore,  become  comprehensible. 
We  begin  to  see  why  he  wore  silks  and  satins  and 
why  he  neglected  what  to  us  are  necessities.  We 
see  why  he  could  display  such  admirable  carriage 
in  rough-riding  and  lassoing  grizzlies,  and  yet 
seemed  to  possess  such  feeble  military  efficiency. 
We  comprehend  his  generous  hospitality  coupled 
with  his  often  narrow  and  suspicious  cruelty.  In 
fact,  all  the  contrasts  of  his  character  and  action 
begin  to  be  clear.  His  displacement  was  natural 
when  confronted  by  a  people  who,  whatever  their 
serious  faults,  had  wants  and  desires  that  came 
from  within,  who  possessed  the  instinct  to  create 
and  to  hold  the  things  that  would  gratify  those 
desires,  and  who,  in  the  final  analysis,  began  to 
care  for  other  men's  opinions  only  after  they  had 
satisfied  their  own  needs  and  desires. 


CHAPTER  II 

THE    AMERICAN   OCCUPATION 

FROM  the  earliest  period  Spain  had  discouraged 
foreign  immigration  into  California.  Her  object 
was  neither  to  attract  settlers  nor  to  develop  the 
country,  but  to  retain  political  control  of  it,  and 
to  make  of  it  a  possible  asylum  for  her  own  people. 
Fifty  years  after  the  founding  of  the  first  mission 
at  San  Diego,  California  had  only  thirteen  inhabi- 
tants of  foreign  birth.  Most  of  these  had  become 
naturalized  citizens,  and  so  were  in  name  Spanish. 
Of  these  but  three  were  American! 

Subsequent  to  1822,  however,  the  number  of 
foreign  residents  rapidly  increased.  These  people 
were  mainly  of  substantial  character,  possessing  a 
real  interest  in  the  country  and  an  intention  of  per- 
manent settlement.  Most  of  them  became  natural- 
ized, married  Spanish  women,  acquired  property, 
and  became  trusted  citizens.  In  marked  contrast 

to  their  neighbors,  they  invariably  displayed  the 

13 


14  THE  FORTY-NINERS 

greatest  energy  and  enterprise.  They  were  gener- 
ally liked  by  the  natives,  and  such  men  as  Hartnell, 
Richardson,  David  Spence,  Nicholas  Den,  and 
many  others,  lived  lives  and  left  reputations  to 
be  envied. 

Between  1830  and  1840,  however,  Americans 
of  a  different  type  began  to  present  themselves. 
Southwest  of  the  Missouri  River  the  ancient  town 
of  Santa  Fe  attracted  trappers  and  traders  of  all 
nations  and  from  all  parts  of  the  great  West.  There 
they  met  to  exchange  their  wares  and  to  organ- 
ize new  expeditions  into  the  remote  territories. 
Some  of  them  naturally  found  their  way  across  the 
western  mountains  into  California.  One  of  the 
most  notable  was  James  Pattie,  whose  personal 
narrative  is  well  worth  reading.  These  men  were 
bold,  hardy,  rough,  energetic,  with  little  patience 
for  the  refinements  of  life  —  in  fact,  diametrically 
opposed  in  character  to  the  easy-going  inhabitants 
of  California.  Contempt  on  the  one  side  and 
distrust  on  the  other  were  inevitable.  The  trap- 
pers and  traders,  together  with  the  deserters 
from  whalers  and  other  ships,  banded  together  in 
small  communities  of  the  rough  type  familiar  to 
any  observer  of  our  frontier  communities.  They 
looked  down  upon  and  despised  the  "greasers," 


THE  AMERICAN  OCCUPATION  15 

who  in  turn  did  everything  in  their  power  to  harass 
them  by  political  and  other  means. 

At  first  isolated  parties,  such  as  those  of  Jedediah 
Smith,  the  Patties,  and  some  others,  had  been 
imprisoned  or  banished  eastward  over  the  Rockies. 
The  pressure  of  increasing  numbers,  combined 
with  the  rather  idle  carelessness  into  which  all 
California-Spanish  regulations  seemed  at  length 
to  fall,  later  nullified  this  drastic  policy.  Notori- 
ous among  these  men  was  one  Isaac  Graham,  an 
American  trapper,  who  had  become  weary  of  wan- 
dering and  had  settled  near  Natividad.  There  he 
established  a  small  distillery,  and  in  consequence 
drew  atiout  him  all  the  rough  and  idle  characters 
of  the  country.  Some  were  trappers,  some  sailors; 
a  few  were  Mexicans  and  renegade  Indians.  Over 
all  of  these  Graham  obtained  an  absolute  control. 
They  were  most  of  them  of  a  belligerent  nature  and 
expert  shots,  accustomed  to  taking  care  of  them- 
selves in  the  wilds.  This  little  band,  though  it 
consisted  of  only  thirty-nine  members,  was  there- 
fore considered  formidable. 

A  rumor  that  these  people  were  plotting  an 
uprising  for  the  purpose  of  overturning  the  govern- 
ment aroused  Governor  Alvarado  to  action.  It  is 
probable  that  the  rumors  in  question  were  merely 


16  THE  FORTY-NINERS 

the  reports  of  boastful  drunken  vaporings  and 
would  better  have  been  ignored.  However,  at  this 
time  Alvarado,  recently  arisen  to  power  through 
the  usual  revolutionary  tactics,  felt  himself  not  en- 
tirely secure  in  his  new  position.  He  needed  some 
distraction,  and  he  therefore  seized  upon  the 
rumor  of  Graham's  uprising  as  a  means  of  solidify- 
ing his  influence  —  an  expedient  not  unknown  to 
modern  rulers.  He  therefore  ordered  the  prefect 
Castro  to  arrest  the  party.  This  was  done  by  sur- 
prise. Graham  and  his  companions  were  taken 
from  their  beds,  placed  upon  a  ship  at  Monterey, 
and  exiled  to  San  Bias,  to  be  eventually  delivered 
to  the  Mexican  authorities.  There  they  were 
held  in  prison  for  some  months,  but  being  at  last 
released  through  the  efforts  of  an  American  lawyer, 
most  of  them  returned  to  California  rather  better 
off  than  before  their  arrest.  It  is  typical  of  the 
vacillating  Californian  policy  of  the  day  that, 
on  their  return,  Graham  and  his  riflemen  were 
at  once  made  use  of  by  one  of  the  revolutionary 
parties  as  a  reinforcement  to  their  military  power! 
By  1840  the  foreign  population  had  by  these 
rather  desultory  methods  been  increased  to  a 
few  over  four  hundred  souls.  The  majority  could 
not  be  described  as  welcome  guests.  They  had 


THE  AMERICAN  OCCUPATION  17 

rarely  come  into  the  country  with  the  deliberate 
intention  of  settling  but  rather  as  a  traveler's 
chance.  In  November,  1841,  however,  two  par- 
ties of  quite  a  different  character  arrived.  They 
were  the  first  true  immigrants  into  California,  and 
their  advent  is  significant  as  marking  the  beginning 
of  the  end  of  the  old  order.  One  of  these  parties 
entered  by  the  Salt  Lake  Trail,  and  was  the 
forerunner  of  the  many  pioneers  over  that  great 
central  route.  The  other  came  by  Santa  Fe,  over 
the  trail  that  had  by  now  become  so  well  marked 
that  they  hardly  suffered  even  inconvenience  on 
their  journey.  The  first  party  arrived  at  Monte 
Diablo  in  the  north,  the  other  at  San  Gabriel 
Mission  in  the  south.  Many  brought  their  fami- 
lies with  them,  and  they  came  with  the  evident 
intention  of  settling  in  California. 

The  arrival  of  these  two  parties  presented  to  the 
Mexican  Government  a  problem  that  required 
immediate  solution.  Already  in  anticipation  of 
such  an  event  it  had  been  provided  that  nobody 
who  had  not  obtained  a  legal  passport  should  be 
permitted  to  remain  in  the  country;  and  that  even 
old  settlers,  unless  naturalized,  should  be  required 
to  depart  unless  they  procured  official  permission 
to  remain.  Naturally  none  of  the  new  arrivals 


18  THE  FORTY-NINERS 

had  received  notice  of  this  law,  and  they  were  in 
consequence  unprovided  with  the  proper  passports. 
Legally  they  should  have  been  forced  at  once  to 
turn  about  and  return  by  the  way  they  came. 
Actually  it  would  have  been  inhuman,  if  not 
impossible,  to  have  forced  them  at  that  season  of 
the  year  to  attempt  the  mountains.  General 
Vallejo,  always  broad-minded  in  his  policies,  used 
discretion  in  the  matter  and  provided  those  in  his 
district  with  temporary  permits  to  remain.  He 
required  only  a  bond  signed  by  other  Americans 
who  had  been  longer  in  the  country. 

Alvarado  and  Vallejo  at  once  notified  the 
Mexican  Government  of  the  arrival  of  these 
strangers,  and  both  expressed  fear  that  other  and 
larger  parties  would  follow.  These  fears  were 
very  soon  realized.  Succeeding  expeditions  set- 
tled in  the  State  with  the  evident  intention  of 
remaining.  No  serious  effort  was  made  by  the 
California  authorities  to  keep  them  out.  From 
time  to  time,  to  be  sure,  formal  objection  was 
raised  and  regulations  were  passed.  However, 
as  a  matter  of  plain  practicability,  it  was  mani- 
festly impossible  to  prevent  parties  from  starting 
across  the  plains,  or  to  inform  the  people  living 
in  the  Eastern  States  of  the  regulations  adopted 


THE  AMERICAN  OCCUPATION  19 

by  California.  It  must  be  remembered  that 
communication  at  that  time  was  extraordinarily 
slow  and  broken.  It  would  have  been  cruel  and 
unwarranted  to  drive  away  those  who  had  already 
arrived.  And  even  were  such  a  course  to  be  con- 
templated, a  garrison  would  have  been  necessary  at 
every  mountain  pass-  on  the  East  and  North,  and 
at  every  crossing  of  the  Colorado  River,  as  well  as 
at  every  port  along  the  coast.  The  government 
in  California  had  not  men  sufficient  to  handle 
its  own  few  antique  guns  in  its  few  coastwise 
forts,  let  alone  a  surplus  for  the  purpose  just 
described.  And  to  cap  all,  provided  the  garri- 
sons had  been  available  and  could  have  been 
placed,  it  would  have  been  physically  impossible 
to  have  supplied  them  with  provisions  for  even  a 
single  month. 

Truth  to  tell,  the  newcomers  of  this  last  class  were 
not  personally  objectionable  to  the  Calif ornians. 
The  Spanish  considered  them  no  different  from 
those  of  their  own  blood.  Had  it  not  been  for  an 
uneasiness  lest  the  enterprise  of  the  American 
settlers  should  in  time  overcome  Californian  in- 
terests, had  it  not  been  for  repeated  orders  from 
Mexico  itself,  and  had  it  not  been  for  reports  that 
ten  thousand  Mormons  had  recently  left  Illinois 


20  THE  FORTY-NINERS 

for   California,  it  is  doubtful  if  much  attention 
would  have  been  paid  to  the  first  immigrants. 

Westward  migration  at  this  time  was  given  an 
added  impetus  by  the  Oregon  question.  The 
status  of  Oregon  had  long  been  in  doubt.  Both 
England  and  the  United  States  were  inclined  to 
claim  priority  of  occupation.  The  boundary 
between  Canada  and  the  United  States  had  not 
yet  been  decided  upon  between  the  two  countries. 
Though  they  had  agreed  upon  the  compromise  of 
joint  occupation  of  the  disputed  land,  this  arrange- 
ment did  not  meet  with  public  approval.  The 
land-hungry  took  a  particular  interest  in  the 
question  and  joined  their  voices  with  those  of  men 
actuated  by  more  patriotic  motives.  In  public 
meetings  which  were  held  throughout  the  country 
this  joint  occupation  convention  was  explained 
and  discussed,  and  its  abrogation  was  demanded. 
These  meetings  helped  to  form  the  patriotic 
desire.  Senator  Tappan  once  said  that  thirty 
thousand  settlers  with  their  thirty  thousand 
rifles  in  the  valley  of  the  Columbia  would  quickly 
settle  all  questions  of  title  to  the  country.  This 
saying  was  adopted  as  the  slogan  for  a  campaign 
in  the  West.  It  had  the  same  inspiring  effect  as 
the  later  famous  "54-40  or  fight."  People  were 


THE  AMERICAN  OCCUPATION  21 

aroused  as  in  the  olden  times  they  had  been  aroused 
to  the  crusades.  It  became  a  form  of  mental 
contagion  to  talk  of,  and  finally  to  accomplish, 
the  journey  to  the  Northwest.  Though  no  accu- 
rate records  were  kept,  it  is  estimated  that  in 
1843  over  800  people  crossed  to  Willamette 
Valley.  By  1845  this  immigration  had  increased 
to  fully  3000  within  the  year. 

Because  of  these  conditions  the  Oregon  Trail 
had  become  a  national  highway.  Starting  at 
Independence,  which  is  a  suburb  of  the  present 
Kansas  City,  it  set  out  over  the  rolling  prairie. 
At  that  time  the  wide  plains  were  bright  with 
wild  flowers  and  teeming  with  game.  Elk, 
antelope,  wild  turkeys,  buffalo,  deer,  and  a  great 
variety  of  smaller  creatures  supplied  sport  and  food 
in  plenty.  Wood  and  water  were  in  every  ravine; 
the  abundant  grass  was  sufficient  to  maintain  the 
swarming  hordes  of  wild  animals  and  to  give  rich 
pasture  to  horses  and  oxen.  The  journey  across 
these  prairies,  while  long  and  hard,  could  rarely 
have  been  tedious.  Tremendous  thunderstorms 
succeeded  the  sultry  heat  of  the  West,  an  occa- 
sional cyclone  added  excitement;  the  cattle  were 
apt  to  stampede  senselessly;  and,  while  the  Indian 
had  not  yet  developed  the  hostility  that  later 


22  THE  FORTY-NINERS 

made  a  journey  across  the  plains  so  dangerous, 
nevertheless  the  possibilities  of  theft  were  always 
near  enough  at  hand  to  keep  the  traveler  alert  and 
interested.  Then  there  was  the  sandy  country 
of  the  Platte  River  with  its  buffalo  —  buffalo  by 
the  hundreds  of  thousands,  as  far  as  the  eye  could 
reach  —  a  marvelous  sight:  and  beyond  that  again 
the  Rockies,  by  way  of  Fort  Laramie  and  South 
Pass. 

Beyond  Fort  Hall  the  Oregon  Trail  and  the 
trail  for  California  divided.  And  at  this  point 
there  began  the  terrible  part  of  the  journey  — 
the  arid,  alkaline,  thirsty  desert,  short  of  game, 
horrible  in  its  monotony,  deadly  with  its  thirst. 
It  is  no  wonder  that,  weakened  by  their  sufferings 
in  this  inferno,  so  many  of  the  immigrants  looked 
upon  the  towering  walls  of  the  Sierras  with  a 
sinking  of  the  heart. 

While  at  first  most  of  the  influx  of  settlers  was  by 
way  of  Oregon,  later  the  stories  of  the  new  country 
that  made  their  way  eastward  induced  travelers 
to  go  direct  to  California  itself.  The  immigra- 
tion, both  from  Oregon  in  the  North  and  by  the 
route  over  the  Sierras,  increased  so  rapidly  that 
in  1845  there  were  probably  about  700  Ameri- 
cans in  the  district.  Those  coming  over  the 


THE  AMERICAN  OCCUPATION  23 

Sierras  by  the  Carson  Sink  and  Salt  Lake  trails 
arrived  first  of  all  at  the  fort  built  by  Captain 
Sutter  at  the  junction  of  the  American  and 
Sacramento  rivers. 

Captain  Sutter  was  a  man  of  Swiss  parentage 
who  had  arrived  in  San  Francisco  in  1839  without 
much  capital  and  with  only  the  assets  of  consider- 
able ability  and  great  driving  force.  From  the 
Governor  he  obtained  grant  of  a  large  tract  of 
land  "somewhere  in  the  interior"  for  the  purposes 
of  colonization.  His  colonists  consisted  of  one 
German,  four  other  white  men,  and  eight  Kana- 
kas. The  then  Governor,  Alvarado,  thought  this 
rather  a  small  beginning,  but  advised  him  to 
take  out  naturalization  papers  and  to  select  a  loca- 
tion. Sutter  set  out  on  his  somewhat  vague  quest 
with  a  four-oared  boat  and  two  small  schooners, 
loaded  with  provisions,  implements,  ammunition, 
and  three  small  cannon.  Besides  his  original  party 
he  took  an  Indian  boy  and  a  dog,  the  latter  prov- 
ing by  no  means  the  least  useful  member  of  the 
company.  He  found  at  the  junction  of  the 
American  and  Sacramento  rivers  the  location  that 
appealed  to  him,  and  there  he  established  himself. 
His  knack  with  the  Indians  soon  enlisted  their 
services.  He  seems  to  have  been  able  to  keep  his 


24  THE  FORTY-NINERS 

agreements  with  them  and  at  the  same  time  to 
maintain  rigid  discipline  and  control. 

Within  an  incredibly  short  time  he  had  estab- 
lished a  feudal  barony  at  his  fort.  He  owned 
eleven  square  leagues  of  land,  four  thousand  two 
hundred  cattle,  two  thousand  horses,  and  about  as 
many  sheep.  His  trade  in  beaver  skins  was  most 
profitable.  He  maintained  a  force  of  trappers 
who  were  always  welcome  at  his  fort,  and  whom  he 
generously  kept  without  cost  to  themselves.  He 
taught  the  Indians  blanket-weaving,  hat-making, 
and  ether  trades,  and  he  even  organized  them  into 
military  companies.  The  fort  which  he  built  was 
enclosed  on  four  sides  and  of  imposing  dimensions 
and  convenience.  It  mounted  twelve  pieces  of 
artillery,  supported  a  regular  garrison  of  forty  in 
uniform,  and  contained  within  its  walls  a  black- 
smith shop,  a  distillery,  a  flour  mill,  a  cannery, 
and  space  for  other  necessary  industries.  Outside 
the  walls  of  the  fort  Captain  Sutter  raised  wheat, 
oats,  and  barley  in  quantity,  and  even  established 
an  excellent  fruit  and  vegetable  garden. 

Indeed,  in  every  way  Captain  Sutter's  environ- 
ment and  the  results  of  his  enterprises  were  in  signi- 
ficant contrast  to  the  inactivity  and  backwardness 
of  his  neighbors.  He  showed  what  an  energetic 


THE  AMERICAN  OCCUPATION  25 

man  could  accomplish  with  exactly  the  same  hu- 
man powers  and  material  tools  as  had  always 
been  available  to  the  Calif ornians.  Sutter  him- 
self was  a  rather  short,  thick-set  man,  exquisitely 
neat,  of  military  bearing,  carrying  himself  with 
what  is  called  the  true  old-fashioned  courtesy. 
He  was  a  man  of  great  generosity  and  of  high  spirit. ' 
His  defect  was  an  excess  of  ambition  which  in 
the  end  o'erleaped  itself.  There  is  no  doubt  that 
his  first  expectation  was  to  found  an  independent 
state  within  the  borders  of  California.  His  loyalty 
to  the  Americans  was,  however,  never  questioned, 
and  the  fact  that  his  lands  were  gradually  taken 
from  him,  and  that  he  died  finally  in  comparative 
poverty,  is  a  striking  comment  on  human  injustice. 
The  important  point  for  us  at  present  is  that 
Sutter's  Fort  happened  to  be  exactly  on  the  line 
of  the  overland  immigration.  For  the  trail- 
weary  traveler  it  was  the  first  stopping-place 
after  crossing  the  high  Sierras  to  the  promised 
land.  Sutter's  natural  generosity  of  character  in- 
duced him  always  to  treat  these  men  with  the 
greatest  kindness.  He  made  his  profits  from  such 
as  wished  to  get  rid  of  their  oxen  and  wagons  in  ex- 
change for  the  commodities  which  he  had  to  offer. 
But  there  is  no  doubt  that  the  worthy  captain 


26  THE  FORTY-NINERS 

displayed  the  utmost  liberality  in  dealing  with 
those  whom  poverty  had  overtaken.  On  several 
occasions  he  sent  out  expeditions  at  his  personal 
cost  to  rescue  parties  caught  in  the  mountains 
by  early  snows  or  other  misfortunes  along  the  road. 
Especially  did  he  go  to  great  expense  in  the  matter 
'of  the  ill-fated  Donner  party,  who,  it  will  be  re- 
membered, spent  the  winter  near  Truckee,  and 
were  reduced  to  cannibalism  to  avoid  starvation.1 
Now  Sutter  had,  of  course,  been  naturalized 
in  order  to  obtain  his  grant  of  land.  He  had  also 
been  appointed  an  official  of  the  California- 
Mexican  Government.  Taking  advantage  of  this 
fact,  he  was  accustomed  to  issue  permits  or  pass- 
ports to  the  immigrants,  permitting  them  to 
remain  in  the  country.  This  gave  the  immi- 
grants a  certain  limited  standing,  but,  as  they 
were  not  Mexican  citizens,  they  were  disqualified 
from  holding  land.  Nevertheless  Sutter  used  his 
good  offices  in  showing  desirable  locations  to  the 
would-be  settlers.2 

1  See  The  Passing  of  the  Frontier,  in  "  The  Chronicles  of  America." 

2  It  is  to  be  remarked  that,  prior  to  the  gold  rush,  American  settle- 
ments did  not  take  place  in  the  Spanish  South  but  in  the  unoccupied 
North.    In  1845  Castro  and  Castillero  made  a  tour  through  the  Sacra- 
mento Valley  and  the  northern  regions  to  inquire  about  the  new  ar- 
rivals.    Castro  displayed  no  personal  uneasiness  at  their  presence  and 
made  no  attempt  or  threat  to  deport  them. 


THE  AMERICAN  OCCUPATION  27 

As  far  as  the  Californians  were  concerned, 
there  was  little  rivalry  or  interference  between 
the  immigrants  and  the  natives.  Their  interests 
did  not  as  yet  conflict.  Nevertheless  the  central 
Mexican  Government  continued  its  commands  to 
prevent  any  and  all  immigration.  It  was  rather 
well  justified  by  its  experience  in  Texas,  where 
settlement  had  ended  by  final  absorption.  The 
local  Californian  authorities  were  thus  thrust  be- 
tween the  devil  and  the  deep  blue  sea.  They  were 
constrained  by  the  very  positive  and  repeated 
orders  from  their  home  government  to  keep  out 
all  immigration  and  to  eject  those  already  on  the 
ground.  On  the  other  hand,  the  means  for  doing 
so  were  entirely  lacking,  and  the  present  situation 
did  not  seem  to  them  alarming. 

Thus  matters  drifted  along  until  the  Mexican 
War.  For  a  considerable  time  before  actual  hos- 
tilities broke  out,  it  was  well  known  throughout 
the  country  that  they  were  imminent.  Every 
naval  and  military  commander  was  perfectly 
aware  that,  sooner  or  later,  war  was  inevitable. 
Many  had  received  their  instructions  in  case  of 
that  eventuality,  and  most  of  the  others  had  indi- 
vidual plans  to  be  put  into  execution  at  the  earli- 
est possible  moment.  Indeed,  as  early  as  1842 


28  THE  FORTY-NINERS 

Commodore  Jones,  being  misinformed  of  a  state 
of  war,  raced  with  what  he  supposed  to  be  Eng- 
lish war-vessels  from  South  America,  entered  the 
port  of  Monterey  hastily,  captured  the  fort,  and 
raised  the  American  flag.  The  next  day  he  dis- 
covered that  not  only  was  there  no  state  of  war, 
but  that  he  had  not  even  raced  British  ships! 
The  flag  was  thereupon  hauled  down,  the  Mexican 
emblem  substituted,  appropriate  apologies  and 
salutes  were  rendered,  and  the  incident  was  con- 
sidered closed.  The  easy-going  Calif ornians  ac- 
cepted the  apology  promptly  and  cherished  no 
rancor  for  the  mistake. 

In  the  meantime  Thomas  O.  Larkin,  a  very 
substantial  citizen  of  long  standing  in  the  country, 
had  been  appointed  consul,  and  in  addition  re- 
ceived a  sum  of  six  dollars  a  day  to  act  as  secret 
agent.  It  was  hoped  that  his  great  influence 
would  avail  to  inspire  the  Californians  with  a 
desire  for  peaceful  annexation  to  the  United 
States.  In  case  that  policy  failed,  he  was  to  use 
all  means  to  separate  them  from  Mexico,  and  so 
isolate  them  from  their  natural  alliances.  He 
was  furthermore  to  persuade  them  that  England, 
France,  and  Russia  had  sinister  designs  on  their 
liberty.  It  was  hoped  that  his  good  offices  would 


THE  AMERICAN  OCCUPATION  29 

slowly  influence  public  opinion,  and  that,  on  the 
declaration  of  open  war  with  Mexico,  the  United 
States  flag  could  be  hoisted  in  California  not  only 
without  opposition  but  with  the  consent  and 
approval  of  the  inhabitants.  This  type  of  peace- 
ful conquest  had  a  very  good  chance  of  success. 
Larkin  possessed  the  confidence  of  the  better 
class  of  Californians  and  he  did  his  duty  faithfully. 
Just  at  this  moment  a  picturesque,  gallant, 
ambitious,  dashing,  and  rather  unscrupulous 
character  appeared  inopportunely  on  the  horizon. 
His  name  was  John  C.  Fremont.  He  wras  the  son 
of  a  French  father  and  a  Virginia  mother.  He  was 
thirty-two  years  old,  and  was  married  to  the  daugh- 
ter of  Thomas  H.  Benton,  United  States  Senator 
from  Missouri  and  a  man  of  great  influence  in 
the  country.  Possessed  of  an  adventurous  spirit, 
considerable  initiative,  and  great  persistence, 
Fremont  had  already  performed  the  feat  of  cross- 
ing the  Sierra'  Nevadas  by  way  of  Carson  River 
and  Johnson  Pass,  and  had  also  explored  the  Col- 
umbia River  and  various  parts  of  the  Northwest. 
Fremont  now  entered  California  by  way  of  Walker 
Lake  and  the  Truckee,  and  reached  Sutter's 
Fort  in  1845.  He  then  turned  southward  to  meet 
a  division  of  his  party  under  Joseph  Walker. 


30  THE  FORTY-NINERS 

His  expedition  was  friendly  in  character,  with 
the  object  of  surveying  a  route  westward  to 
the  Pacific,  and  then  northward  to  Oregon.  It 
supposedly  possessed  no  military  importance 
whatever.  But  his  turning  south  to  meet  Walker 
instead  of  north,  where  ostensibly  his  duty  called 
him,  immediately  aroused  the  suspicions  of  the 
Californians.  Though  ordered  to  leave  the  dis- 
trict, he  refused  compliance,  and  retired  to  a 
place  called  Gavilan  Peak,  where  he  erected 
fortifications  and  raised  the  United  States  flag. 
Probably  Fremont's  intentions  were  perfectly 
friendly  and  peaceful.  He  made,  however,  a 
serious  blunder  in  withdrawing  within  fortifica- 
tions. After  various  threats  by  the  Californians 
but  no  performance  in  the  way  of  attack,  he 
withdrew  and  proceeded  by  slow  marches  to  Sut- 
ter's  Fort  and  thence  towards  the  north.  Near 
Klamath  Lake  he  was  overtaken  by  Lieutenant 
Gillespie,  who  delivered  to  him  certain  letters  and 
papers.  Fremont  thereupon  calmly  turned  south 
with  the  pick  of  his  men. 

In  the  meantime  the  Spanish  sub-prefect,  Guer- 
rero, had  sent  word  to  Larkin  that  "a  multitude 
of  foreigners,  having  come  into  California  and 
bought  property,  a  right  of  naturalized  foreigners 


THE  AMERICAN  OCCUPATION  31 

only,  he  was  under  necessity  of  notifying  the 
authorities  in  each  town  to  inform  such  pur- 
chasers that  the  transactions  were  invalid,  and 
that  they  themselves  were  subject  to  be  expelled." 
This  action  at  once  caused  widespread  conster- 
nation among  the  settlers.  They  remembered 
the  deportation  of  Graham  and  his  party  some 
years  before,  and  were  both  alarmed  and  thor- 
oughly convinced  that  defensive  measures  were 
necessary.  Fremont's  return  at  precisely  this 
moment  seemed  to  them  very  significant.  He 
was  a  United  States  army  officer  at  the  head  of  a 
government  expedition.  When  on  his  way  to 
the  North  he  had  been  overtaken  by  Gillespie,  an 
officer  of  the  United  States  Navy.  Gillespie  had 
delivered  to  him  certain  papers,  whereupon  he 
had  immediately  returned.  There  seemed  no 
other  interpretation  of  these  facts  than  that  the 
Government  at  Washington  was  prepared  to  up- 
hold by  force  the  American  settlers  in  California. 

This  reasoning,  logical  as  it  seems,  proves  mis- 
taken in  the  perspective  of  the  years.  Gillespie,  it 
is  true,  delivered  some  letters  to  Fremont,  but  it  is 
extremely  unlikely  they  contained  instructions 
having  to  do  with  interference  in  Calif ornian  affairs. 
Gillespie,  at  the  same  time  that  he  brought  these 


32  THE  FORTY-NINERS 

dispatches  to  Fremont,  brought  also  instructions  to 
Larkin  creating  the  confidential  agency  above  de- 
scribed, and  these  instructions  specifically  forbade 
interference  with  Calif ornian  affairs.  It  is  un- 
reasonable to  suppose  that  contradictory  dis- 
patches were  sent  to  one  or  another  of  these  two 
men.  Many  years  later  Fremont  admitted  that  the 
dispatch  to  Larkin  was  what  had  been  communi- 
cated to  him  by  Gillespie.  His  words  are:  "This 
officer  [Gillespie]  informed  me  also  that  he  was 
directed  by  the  Secretary  of  State  to  acquaint 
me  with  his  instructions  to  the  consular  agent, 
Mr.  Larkin."  Reading  Fremont's  character, 
understanding  his  ambitions,  interpreting  his 
later  lawless  actions  that  resulted  in  his  court- 
martial,  realizing  the  recklessness  of  his  spirit, 
and  his  instinct  to  take  chances,  one  comes  to  the 
conclusion  that  it  is  more  than  likely  that  his 
move  was  a  gamble  on  probabilities  rather  than  a 
result  of  direct  orders. 

Be  this  as  it  may,  the  mere  fact  of  Fremont's 
turning  south  decided  the  alarmed  settlers,  and 
led  to  the  so-called  "Bear  Flag  Revolution."  A 
number  of  settlers  decided  that  it  would  be  expedi- 
ent to  capture  Sonoma,  where  under  Vallejo  were 
nine  cannon  and  some  two  hundred  muskets. 


THE  AMERICAN  OCCUPATION  33 

It  was,  in  fact,  a  sort  of  military  station.  The 
capture  proved  to  be  a  very  simple  matter. 
Thirty-two  or  thirty-three  men  appeared  at  dawn 
before  Vallejo's  house,  under  Merritt  and  Semple. 
They  entered  the  house  suddenly,  called  upon 
Jacob  Leese,  Vallejo's  son-in-law,  to  interpret, 
and  demanded  immediate  surrender.  Richman 
says  "Leese  was  surprised  at  the  'rough  looks'  of 
the  Americans.  Semple  he  describes  as  'six  feet 
six  inches  tall,  and  about  fifteen  inches  in  diameter, 
dressed  in  greasy  buckskin  from  neck  to  foot, 
and  with  a  fox-skin  cap."  The  prisoners  were 
at  once  sent  by  these  raiders  to  Fremont,  who  was 
at  that  time  on  the  American  River.  He  im- 
mediately disclaimed  any  part  in  the  affair.  How- 
ever, instead  of  remaining  entirely  aloof,  he  gave 
further  orders  that  Leese,  who  was  still  in  attend- 
ance as  interpreter,  should  be  arrested,  and  also 
that  the  prisoners  should  be  confined  in  Sutter's 
Fort.  He  thus  definitely  and  officially  entered 
the  movement.  Soon  thereafter  Fremont  started 
south  through  Sonoma,  collecting  men  as  he  went.. 
The  following  quotation  from  a  contemporary- 
writer  is  interesting  and  illuminating.  "A  vast 
cloud  of  dust  appeared  at  first,  and  thence  in 
long  files  emerged  this  wildest  of  wild  parties* 


34  THE  FORTY-NINERS 

Fremont  rode  ahead,  a  spare  active  looking  man, 
with  such  an  eye!  He  was  dressed  in  a  blouse 
and  leggings,  and  wore  a  felt  hat.  After  him 
came  five  Delaware  Indians  who  were  his  body- 
guard. They  had  charge  of  two  baggage-horses. 
The  rest,  many  of  them  blacker  than  Indians, 
rode  two  and  two,  the  rifle  held  by  one  hand 
across  the  pummel  of  the  saddle.  The  dress  of 
these  men  was  principally  a  long  loose  coat 
of  deerskin  tied  with  thongs  in  front,  trousers  of 
the  same.  The  saddles  were  of  various  fashions, 
though  these  and  a  large  drove  of  horses  and  a 
brass  field  gun  were  things  they  had  picked  up  in 
California." 

Meantime,  the  Americans  who  had  collected  in 
Sonoma,  under  the  lead  of  William  B.  Ide,  raised 
the  flag  of  revolution  —  "a  standard  of  somewhat 
uncertain  origin  as  regards  the  cotton  cloth 
whereof  it  was  made,"  writes  Royce.  On  this, 
they  painted  with  berry  juice  "  something  that  they 
called  a  Bear."  By  this  capture  of  Sonoma,  and 
its  subsequent  endorsement  by  Fremont,  Larkin's 
instructions  —  that  is,  to  secure  California  by  quiet 
diplomatic  means  —  were  absolutely  nullified.  A 
second  result  was  that  Englishmen  in  California 
were  much  encouraged  to  hope  for  English  inter- 


THE  AMERICAN  OCCUPATION  35 

vention  and  protection.  The  Vallejo  circle  had 
always  been  strongly  favorable  to  the  United 
States.  The  effect  of  this  raid  and  capture  by 
United  States  citizens,  with  a  United  States  officer 
endorsing  the  action,  may  well  be  guessed. 

Inquiries  and  protests  were  lodged  by  the  Cali- 
fornia authorities  with  Sloat  and  Lieutenant 
Montgomery  of  the  United  States  naval  forces. 
Just  what  effect  these  protests  would  have  had, 
and  just  the  temperature  of  the  hot  water  in 
which  the  dashing  Fremont  would  have  found 
himself,  is  a  matter  of  surmise.  He  had  gambled 
strongly  —  on  his  own  responsibility  or  at  least 
at  the  unofficial  suggestion  of  Benton  —  on  an 
early  declaration  of  war  with  Mexico.  Failing 
such  a  declaration,  he  would  be  in  a  precarious 
diplomatic  position,  and  must  by  mere  force 
of  automatic  discipline  have  been  heavily  pun- 
ished. However  the  dice  fell  for  him.  War 
with  Mexico  was  almost  immediately  an  actual 
fact.  Fremont's  injection  into  the  revolution  had 
been  timed  at  the  happiest  possible  moment  for 
him. 

The  Bear  Flag  Revolution  took  place  on  June 
14, 1846.  On  July  7  the  American  flag  was  hoisted 
over  the  post  at  Monterey  by  Commodore  Sloat. 


36  THE  FORTY-NINERS 

Though  he  had  knowledge  from  June  5  of  a  state 
of  war,  this  knowledge,  apparently,  he  had  shared 
neither  with  his  officers  nor  with  the  public,  and 
he  exhibited  a  want  of  initiative  and  vigor  which 
is  in  striking  contrast  to  Fremont's  ambition  and 
overzeal. 

Shortly  after  this  incident  Commodore  Sloat 
was  allowed  to  return  "by  reason  of  ill  health," 
as  has  been  heretofore  published  in  most  histories. 
His  undoubted  recall  gave  room  to  Commodore 
Robert  Stockton,  to  whom  Sloat  not  only  turned 
over  the  command  of  the  naval  forces,  but  whom  he 
also  directed  to  "assume  command  of  the  forces 
and  operations  on  shore." 

Stockton  at  once  invited  Fremont  to  enlist 
under  his  command,  and  the  invitation  was  ac- 
cepted. The  entire  forces  moved  south  by  sea 
and  land  for  the  purpose  of  subduing  southern 
California.  This  end  was  temporarily  accom- 
plished with  almost  ridiculous  ease.  At  this  dis- 
tance of  time,  allowing  all  obvious  explanations  of 
lack  of  training,  meager  equipment,  and  internal 
dissension,  we  find  it  a  little  difficult  to  understand 
why  the  Californians  did  not  make  a  better  stand. 
Most  of  the  so-called  battles  were  a  sort  of 
opera  bouffe.  Californians  entrenched  with  cannon 


THE  AMERICAN  OCCUPATION  37 

were  driven  contemptuously  forth,  without  casual- 
ties, by  a  very  few  men.  For  example,  a  lieu- 
tenant and  nine  men  were  sufficient  to  hold  Santa 
Barbara  in  subjection.  Indeed,  the  conquest  was 
too  easy,  for,  lulled  into  false  security,  Stock- 
ton departed,  leaving  as  he  supposed  sufficient 
\j  men  to  hold  the  country.  The  Californians  man- 
aged to  get  some  coherence  into  their  councils, 
attacked  the  Americans,  and  drove  them  forth 
from  their  garrisons. 

Stockton  and  Fremont  immediately  started 
south.  In  the  meantime  an  overland  party  under 
General  Kearny  had  been  dispatched  from  the  East. 
His  instructions  were  rather  broad.  He  was  to 
take  in  such  small  sections  of  the  country  as  New 
Mexico  and  Arizona,  leaving  sufficient  garrisons 
on  his  way  to  California.  As  a  result,  though  his 
command  at  first  numbered  1657  men,  he  arrived 
in  the  latter  state  with  only  about  100.  From 
Warner's  Ranch  in  the  mountains  he  sent  word 
to  Stockton  that  he  had  arrived.  Gillespie, 
whom  the  Commodore  at  once  dispatched  with 
thirty-nine  men  to  meet  and  conduct  him  to  San 
Diego,  joined  Kearny  near  San  Luis  Rey  Mission. 

A  force  of  Californians,  however,  under  com- 
mand of  one  Andres  Pico  had  been  hovering 


38  THE  FORTY-NINERS 

about  the  hills  watching  the  Americans.  It  was 
decided  to  attack  this  force.  Twenty  men  were 
detailed  under  Captain  Johnston  for  the  purpose. 
At  dawn  on  the  morning  of  the  6th  of  Decem- 
ber the  Americans  charged  upon  the  Californian 
camp.  The  Californians  promptly  decamped 
after  having  delivered  a  volley  which  resulted 
in  killing  Johnston.  The  Americans  at  once 
pursued  them  hotly,  became  much  scattered,  and 
were  turned  upon  by  the  fleeing  enemy.  The 
Americans  were  poorly  mounted  after  their 
journey,  their  weapons  were  now  empty,  and 
they  were  unable  to  give  mutual  aid.  The 
Spanish  were  armed  with  lances,  pistols,  and 
the  deadly  riata.  Before  the  rearguard  could 
come  up,  sixteen  of  the  total  American  force  were 
killed  and  nineteen  badly  wounded.  This  battle 
of  San  Pascual,  as  it  was  called,  is  interesting  as 
being  the  only  engagement  in  which  the  Cali- 
fornians got  the  upper  hand.  Whether  their 
Parthian  tactics  were  the  result  of  a  preconceived 
policy  or  were  merely  an  expedient  of  the  moment, 
it  is  impossible  to  say.  The  battle  is  also  notable 
because  the  well-known  scout,  Kit  Carson,  took 
part  in  it. 

The  forces  of  Stockton '  and  Kearny  joined  a 


THE  AMERICAN  OCCUPATION  39 

few  days  later,  and  very  soon  a  conflict  of  author- 
ity arose  between  the  leaders.  It  was  a  childish 
affair  throughout,  and  probably  at  bottom  arose 
from  Fremont's  usual  over-ambitious  designs.  To 
Kearny  had  undoubtedly  been  given,  by  the 
properly  constituted  authorities,  the  command 
of  all  the  land  operations.  Stockton,  however, 
claimed  to  hold  supreme  land  command  by  in- 
structions from  Commodore  Sloat  already  quoted. 
Through  the  internal  evidence  of  Stockton's 
letters  and  proclamations,  it  seems  he  was  a  trifle 
inclined  to  be  bombastic  and  high-flown,  to  usurp 
authority,  and  perhaps  to  consider  himself  and  his 
operations  of  more  importance  than  they  actually 
were.  However,  he  was  an  officer  disciplined 
and  trained  to  obedience,  and  his  absurd  conten- 
tion is  not  in  character.  It  may  be  significant 
that  he  had  promised  to  appoint  Fremont  Gover- 
nor of  California,  a  promise  that  naturally  could 
not  be  fulfilled  if  Kearny 's  authority  were  fully 
recognized. 

Furthermore,  at  this  moment  Fremont  was  at 
the  zenith  of  his  career,  and  his  influence  in  such 
matters  was  considerable.  As  Hittell  says,  "At 
this  time  and  for  some  time  afterwards,  Fremont 
was  represented  as  a  sort  of  young  lion.  The 


40  THE  FORTY-NINERS 

several  trips  he  had  made  across  the  continent 
and  the  several  able  and  interesting  reports  he 
had  published  over  his  name  attracted  great 
public  attention.  He  was  hardly  ever  mentioned 
except  in  a  high-flown  hyperbolical  phrase.  Ben- 
ton  was  one  of  the  most  influential  men  of  his  day, 
and  it  soon  became  well  understood  that  the 
surest  way  of  reaching  the  father-in-law's  favor 
was  by  furthering  the  son-in-law's  prospects; 
everybody  that  wished  to  court  Benton  praised 
Fremont.  Besides  this  political  influence  Benton 
exerted  in  Fremont's  behalf,  there  was  an  almost 
equally  strong  social  influence."  It  might  be  added 
that  the  nature  of  his  public  service  had  been 
such  as  to  throw  him  on  his  own  responsibility, 
and  that  he  had  always  gambled  with  fortune, 
as  in  the  Bear  Flag  Revolution  already  mentioned. 
His  star  had  ever  been  in  the  ascendant.  He  was  a 
spoiled  child  of  fortune  at  this  time,  and  bitterly 
and  haughtily  resented  any  check  to  his  ambition. 
The  mixture  of  his  blood  gave  him  that  fine  sense 
of  the  dramatic  which  so  easily  descends  to  posing. 
His  actual  accomplishment  was  without  doubt 
great;  but  his  own  appreciation  of  that  accomplish- 
ment was  also  undoubtedly  great.  He  was  one  of 
those  interesting  characters  whose  activities  are  so 


THE  AMERICAN  OCCUPATION  41 

near  the  line  between  great  deeds  and  charlatanism 
that  it  is  sometimes  difficult  to  segregate  the  pose 
from  the  performance. 

The  end  of  this  row  for  precedence  did  not 
come  until  after  the  so-called  battles  at  the  San 
Gabriel  River  and  on  the  Mesa  on  January  8  and 
9,  1847.  The  first  of  these  conflicts  is  so  typical 
that  it  is  worth  a  paragraph  of  description. 

The  Californians  were  posted  on  the  opposite 
bank  of  the  river.  They  had  about  five  hundred 
men,  and  two  pieces  of  artillery  well  placed. 
The  bank  was  elevated  some  forty  feet  above  the 
stream  and  possibly  four  or  six  hundred  back  from 
the  water.  The  American  forces,  all  told,  con- 
sisted of  about  five  hundred  men,  but  most  of 
them  were  dismounted.  The  tactics  were  ex- 
ceedingly simple.  The  Americans  merely  forded 
the  river,  dragged  their  guns  across,  put  them  in 
position,  and  calmly  commenced  a  vigorous 
bombardment.  After  about  an  hour  and  a  half 
of  circling  about  and  futile  half-attacks,  the  Cali- 
fornians withdrew.  The  total  American  loss  in 
this  and  the  succeeding  "battle,"  called  that  of 
the  Mesa,  was  three  killed  and  twelve  wounded. 

After  this  latter  battle,  the  Californians  broke 
completely  and  hurtled  toward  the  North.  Be- 


42  THE  FORTY-NINERS 

yond  Los  Angeles,  near  San  Fernando,  they  ran 
head-on  into  Fremont  and  his  California  battalion 
marching  overland  from  the  North.  Fremont 
had  just  learned  of  Stockton's  defeat  of  the 
Californians  and,  as  usual,  he  seized  the  happy 
chance  the  gods  had  offered  him.  He  made 
haste  to  assure  the  Californians  through  a  messen- 
ger that  they  would  do  well  to  negotiate  with  him 
rather  than  with  Stockton.  To  these  suggestions 
the  Californians  yielded.  Commissioners  ap- 
pointed by  both  sides  then  met  at  Cahuenga  on 
January  13,  and  elaborated  a  treaty  by  which  the 
Californians  agreed  to  surrender  their  arms  and  not 
to  serve  again  during  the  war,  whereupon  the  vic- 
tors allowed  them  to  leave  the  country.  Fremont 
at  once  proceeded  to  Los  Angeles,  where  he  reported 
to  Kearny  and  Stockton  what  had  happened. 

In  accordance  with  his  foolish  determination, 
Stockton  still  refused  to  acknowledge  Kearny's 
direct  authority.  He  appointed  Fremont  Gover- 
nor of  California,  which  was  one  mistake;  and 
Fremont  accepted,  which  was  another.  Un- 
doubtedly the  latter  thought  that  his  pretensions 
would  be  supported  by  personal  influence  in 
Washington.  From  former  experience  he  had 
every  reason  to  believe  so.  In  this  case,  however, 


THE  AMERICAN  OCCUPATION          43 

he  reckoned  beyond  the  resources  of  even  his 
powerful  father-in-law.  Kearny,  who  seems  to 
have  been  a  direct  old  war-dog,  resolved  at  once 
to  test  his  authority.  He  ordered  Fremont  to 
muster  the  California  battalion  into  the  regular 
service,  under  his  (Kearny  *s)  command;  or,  if 
the  men  did  not  wish  to  do  this,  to  discharge  them. 
This  order  did  not  in  the  least  please  Fremont. 
He  attempted  to  open  negotiations,  but  Kearny 
was  in  no  manner  disposed  to  talk.  He  said 
curtly  that  he  had  given  his  orders,  and  merely 
wished  to  know  whether  or  not  they  would  be 
obeyed.  To  this,  and  from  one  army  officer  to 
another,  there  could  be  but  one  answer,  and  that 
was  in  the  affirmative. 

Colonel  Mason  opportunely  arrived  from  Wash- 
ington with  instructions  to  Fremont  either  to 
join  his  regiment  or  to  resume  the  explorations 
on  which  he  had  originally  been  sent  to  this 
country.  Fremont  was  still  pretending  to  be 
Governor,  but  with  nothing  to  govern.  His  game 
was  losing  at  Washington.  He  could  not  know 
this,  however,  and  for  some  time  continued  to 
persist  in  his  absurd  claims  to  governorship. 
Finally  he  begged  permission  of  Kearny  to  form 
an  expedition  against  Mexico.  But  it  was  rather 


44  THE  FORTY-NINERS 

late  in  the  day  for  the  spoiled  child  to  ask  for 
favors,  and  the  permission  was  refused.  Upon 
his  return  to  Washington  under  further  orders, 
Fremont  was  court-martialed,  and  was  found 
guilty  of  mutiny,  disobedience,  and  misconduct. 
He  was  ordered  dismissed  from  the  service,  but 
was  pardoned  by  President  Polk  in  view  of  his  past 
services.  He  refused  this  pardon  and  resigned. 

Fremont  was  a  picturesque  figure  with  a  great 
deal  of  personal  magnetism  and  dash.  The  halo  of 
romance  has  been  fitted  to  his  head.  There  is  no 
doubt  that  he  was  a  good  wilderness  traveler,  a 
keen  lover  of  adventure,  and  a  likable  personality. 
He  was,  however,  over-ambitious;  he  advertised 
himself  altogether  too  well;  and  he  presumed  on 
the  undoubtedly  great  personal  influence  he 
possessed.  He  has  been  nicknamed  the  Path- 
finder, but  a  better  title  would  be  the  Pathfol- 
lower.  He  found  no  paths  that  had  not  already 
been  traversed  by  men  before  him.  Unless  the 
silly  sentiment  that  persistently  glorifies  such 
despicable  characters  as  the  English  Stuarts 
continues  to  surround  this  interesting  character 
with  fallacious  romance,  Fremont  will  undoubtedly 
take  his  place  in  history  below  men  now  more 
obscure  but  more  solid  than  he  was.  His  services 


THE  AMERICAN  OCCUPATION  45 

and  his  ability  were  both  great.  If  he,  his  friends, 
and  historians  had  been  content  to  rest  his  fame 
on  actualities,  his  position  would  be  high  and 
honorable.  The  presumption  of  so  much  more 
than  the  man  actually  did  or  was  has  the  unfortu- 
nate effect  of  minimizing  his  real  accomplishment. 


CHAPTER  III 

LAW  —  MILITARY  AND  CTVIL 

THE  military  conquest  of  California  was  now  an 
accomplished  fact.  As  long  as  hostilities  should 
continue  in  Mexico,  California  must  remain  under  a 
military  government,  and  such  control  was  at  once 
inaugurated.  The  questions  to  be  dealt  with,  as 
may  well  be  imagined,  were  delicate  in  the  extreme. 
In  general  the  military  Governors  handled  such 
questions  with  tact  and  efficiency.  This  ability 
was  especially  true  in  the  case  of  Colonel  Mason, 
who  succeeded  General  Kearny.  The  under- 
standing displayed  by  this  man  in  holding  back 
the  over-eager  Americans  on  one  side,  and  in 
mollifying  the  sensitive  Californians  on  the  other, 
is  worthy  of  all  admiration. 

The  Mexican  laws  were,  in  lack  of  any  others, 
supposed  to  be  enforced.  Under  this  system  all 
trials,  except  of  course  those  having  to  do  with 
military  affairs,  took  place  before  officials  called 

46 


LAW  — MILITARY  AND  CIVIL  47 

alcaldes,  who  acknowledged  no  higher  authority 
than  the  Governor  himself,  and  enforced  the 
laws  as  autocrats.  The  new  military  Governors 
took  over  the  old  system  bodily  and  appointed 
new  alcaldes  where  it  seemed  necessary.  The 
new  alcaldes  neither  knew  nor  cared  anything 
about  the  old  Mexican  law  and  its  provisions. 
This  disregard  cannot  be  wondered  at,  for  even  a 
cursory  examination  of  the  legal  forms  convinces 
one  that  they  were  meant  more  for  the  enormous 
leisure  of  the  old  times  than  for  the  necessities 
of  the  new.  In  the  place  of  Mexican  law  each 
alcalde  attempted  to  substitute  his  own  sense  of 
justice  and  what  recollection  of  common-law 
principles  he  might  be  able  to  summon.  These 
common-law  principles  were  not  technical  in  the 
modern  sense  of  the  word,  nor  were  there  any 
printed  or  written  statutes  containing  them.  In 
this  case  they  were  simply  what  could  be  recalled 
by  non-technical  men  of  the  way  in  which  business 
had  been  conducted  and  disputes  had  been  arranged 
back  in  their  old  homes.  But  their  main  reliance 
was  on  their  individual  sense  of  justice.  As 
Hittell  points  out,  even  well-read  lawyers  who 
happened  to  be  made  alcaldes  soon  came  to  pay 
little  attention  to  technicalities  ard  to  seek  the 


48  THE  FORTY-NINERS 

merit  of  cases  without  regard  to  rules  or  forms. 
All  the  administration  of  the  law  was  in  the  hands 
of  these  alcaldes.  Mason,  who  once  made  the  ex- 
periment of  appointing  a  special  court  at  Sutter's 
Fort  to  try  a  man  known  as  Growling  Smith  for 
the  murder  of  Indians,  afterwards  declared  that  he 
would  not  do  it  again  except  in  the  most  extra- 
ordinary emergency,  as  the  precedent  was  bad. 

As  may  well  be  imagined,  this  uniquely  in- 
dividualistic view  of  the  law  made  interesting 
legal  history.  Many  of  the  incumbents  were  of 
the  rough  diamond  type.  Stories  innumerable 
are  related  of  them.  They  had  little  regard  for 
the  external  dignity  of  the  court,  but  they  strongly 
insisted  on  its  discipline.  Many  of  them  sat  with 
their  feet  on  the  desk,  chewing  tobacco,  and 
whittling  a  stick.  During  a  trial  one  of  the 
counsel  referred  to  his  opponent  as  an  "oscillating 
Tarquin."  The  judge  roared  out  "A  what?" 

"An  oscillating  Tarquin,  your  honor." 

The  judge's  chair  came  down  with  a  thump. 

"If  this  honorable  court  knows  herself,  and  she 
thinks  she  do,  that  remark  is  an  insult  to  this 
honorable  court,  and  you  are  fined  two  ounces." 

Expostulation  was  cut  short. 

"Silence,     sir!     This    honorable    court    won't 


LAW— MILITARY  AND  CIVIL  49 

tolerate  cussings  and  she  never  goes  back  on  her 
decisions ! " 

And  she  didn't! 

Nevertheless  a  sort  of  rough  justice  was  gen- 
erally accomplished.  These  men  felt  a  respon- 
sibility. In  addition  they  possessed  a  grim 
commonsense  earned  by  actual  experience. 

There  is  an  instance  of  a  priest  from  Santa 
Clara,  sued  before  the  alcalde  of  San  Jose  for  a 
breach  of  contract.  His  plea  was  that  as  a 
churchman  he  was  not  amenable  to  civil  law. 
The  American  decided  that,  while  he  could  not 
tell  what  peculiar  privileges  a  clergyman  enjoyed 
as  a  priest,  it  was  quite  evident  that  when  he 
departed  from  his  religious  calling  and  entered 
into  a  secular  bargain  with  a  citizen  he  placed 
himself  on  the  same  footing  as  the  citizen,  and 
should  be  required  like  anybody  else  to  comply 
with  his  agreement.  This  principle,  which  was 
good  sense,  has  since  become  good  law. 

The  alcalde  refused  to  be  bound  by  trivial 
concerns.  A  Mexican  was  accused  of  stealing 
a  pair  of  leggings.  He  was  convicted  and  fined 
three  ounces  for  stealing,  while  the  prosecuting 
witness  was  also  fined  one  ounce  for  bothering 
the  court  with  such  a  complaint.  On  another 


50  THE  FORTY-NINERS 

occasion  the  defendant,  on  being  fined,  was  found 
to  be  totally  insolvent.  The  alcalde  thereupon 
ordered  the  plaintiff  to  pay  the  fine  and  costs 
for  the  reason  that  the  court  could  not  be  expected 
to  sit  without  remuneration.  Though  this  na'ive 
system  worked  out  well  enough  in  the  new  and 
primitive  community,  nevertheless  thinking  men 
realized  that  it  could  be  for  a  short  time  only. 

As  long  as  the  war  with  Mexico  continued, 
naturally  California  was  under  military  Governors, 
but  on  the  declaration  of  peace  military  govern- 
ment automatically  ceased.  Unfortunately,  ow- 
ing to  strong  controversies  as  to  slavery  or 
non-slavery,  Congress  passed  no  law  organizing 
California  as  a  territory;  and  the  status  of  the 
newly-acquired  possession  was  far  from  clear. 
The  people  held  that,  in  the  absence  of  congres- 
sional action,  they  had  the  right  to  provide  for 
their  own  government.  On  the  other  hand, 
General  Riley  contended  that  the  laws  of  Cali- 
fornia obtained  until  supplanted  by  act  of  Con- 
gress. He  was  under  instructions  as  Governor  to 
enforce  this  view,  which  was,  indeed,  sustained 
by  judicial  precedents.  But  for  precedents  the 
inhabitants  cared  little.  They  resolved  to  call 
a  constitutional  convention.  After  considerable 


LAW— MILITARY  AND  CIVIL  51 

negotiation  and  thought,  Governor  Riley  resolved 
to  accede  to  the  wishes  of  the  people.  An  election 
of  delegates  was  called  and  the  constitutional 
convention  met  at  Monterey,  September  1,  1849. 

Parenthetically  it  is  to  be  noticed  that  this 
event  took  place  a  considerable  time  after  the 
first  discovery  of  gold.  It  can  in  no  sense  be 
considered  as  a  sequel  to  that  fact.  The  numbers 
from  the  gold  rush  came  in  later.  The  con- 
stitutional convention  was  composed  mainly  of 
men  who  had  previous  interests  in  the  country. 
They  were  representative  of  the  time  and  place. 
The  oldest  delegate  was  fifty-three  years  and  the 
youngest  twenty-five  years  old.  Fourteen  were 
lawyers,  fourteen  were  farmers,  nine  were  mer- 
chants, five  were  soldiers,  two  were  printers,  one 
was  a  doctor,  and  one  described  himself  as  "a 
gentleman  of  elegant  leisure." 

The  deliberations  of  this  body  are  very  interest- 
ing reading.  Such  a  subject  is  usually  dry  in  the 
extreme;  but  here  we  have  men  assembled  from 
all  over  the  world  trying  to  piece  together  a  form 
of  government  from  the  experiences  of  the  different 
communities  from  which  they  originally  came. 
Many  Spanish  Californians  were  represented  on 
the  floor.  The  different  points  brought  up  and 


52  THE  FORTY-NINERS 

discussed,  in  addition  to  those  finally  incorporated 
in  the  constitution,  are  both  a  valuable  measure 
of  the  degree  of  intelligence  at  that  time,  and  an 
indication  of  what  men  considered  important  in 
the  problems  of  the  day.  The  constitution 
itself  was  one  of  the  best  of  the  thirty-one  state 
constitutions  that  then  existed.  Though  almost 
every  provision  in  it  was  copied  from  some  other 
instrument,  the  choice  was  good.  A  provision 
prohibiting  slavery  was  carried  by  a  unanimous 
vote.  When  the  convention  adjourned,  the  new 
commonwealth  was  equipped  with  all  the  neces- 
sary machinery  for  regular  government.1 

It  is  customary  to  say  that  the  discovery  of 
gold  made  the  State  of  California.  As  a  matter 
of  fact,  it  introduced  into  the  history  of  California 
a  new  solvent,  but  it  was  in  no  sense  a  determining 
factor  in  either  the  acquisition  or  the  assuring 
of  the  American  hold.  It  must  not  be  forgotten 
that  a  rising  tide  of  American  immigration  had 
already  set  in.  By  1845  the  white  population  had 
increased  to  about  eight  thousand.  At  the  close 
of  hostilities  it  was  estimated  that  the  white 

1  The  constitution  was  ratified  by  popular  vote,  November  13, 
1849;  and  the  machinery  of  state  government  was  at  once  set  in 
motion,  though  the  State  was  not  admitted  into  the  Union  until 
September  9.  1850. 


LAW  — MILITARY  AND  CIVIL  53 

population  had  increased  to  somewhere  between 
twelve  and  fifteen  thousand.  Moreover  this 
immigration,  though  established  and  constantly 
growing,  was  by  no  means  topheavy.  There  was 
plenty  of  room  in  the  north  for  the  Americans, 
and  they  were  settling  there  peaceably.  Those 
who  went  south  generally  bought  their  land  in 
due  form.  They  and  the  Calif ornians  were  get- 
ting on  much  better  than  is  usual  with  conquering 
and  conquered  peoples. 

But  the  discovery  of  gold  upset  all  this  orderly 
development.  It  wiped  out  the  usual  evolution. 
It  not  only  swept  aside  at  once  the  antiquated 
Mexican  laws,  but  it  submerged  for  the  time  being 
the  first  stirrings  of  the  commonwealth  toward 
due  convention  and  legislation  after  the  American 
pattern.  It  produced  an  interim  wherein  the 
only  law  was  that  evolved  from  men's  consciences 
and  the  Anglo-Saxon  instinct  for  order.  It 
brought  to  shores  remote  from  their  native  lands 
a  cosmopolitan  crew  whose  only  thought  was 
a  fixed  determination  to  undertake  no  new  re- 
sponsibilities. Each  man  was  living  for  himself. 
He  intended  to  get  his  own  and  to  protect  his  own, 
and  he  cared  very  little  for  the  difficulties  of  his 
neighbors.  In  other  words,  the  discovery  of  gold 


54  THE  FORTY-NINERS 

offered  California  as  the  blank  of  a  mint  to  receive 
the  impress  of  a  brand  new  civilization.  And 
furthermore  it  gave  to  these  men  and,  through 
them,  to  the  world  an  impressive  lesson  that  social 
responsibility  can  be  evaded  for  a  time,  to  be  sure, 
but  only  for  a  time;  and  that  at  the  last  it  must  be 
taken  up  and  the  arrears  must  be  paid. 


CHAPTER  IV 

GOLD 

THE  discovery  of  gold  —  made,  as  everyone  knows, 
by  James  Marshall,  a  foreman  of  Sutler's,  engaged 
in  building  a  sawmill  for  the  Captain  —  came  at  a 
psychological  time.1  The  Mexican  War  was  just 
over  and  the  adventurous  spirits,  unwilling  to 
settle  down,  were  looking  for  new  excitement. 
Furthermore,  the  hard  times  of  the  Forties  had 
blanketed  the  East  with  mortgages.  Many  sober 
communities  were  ready,  deliberately  and  without 
excitement,  to  send  their  young  men  westward 
in  the  hope  of  finding  a  way  out  of  their  financial 
difficulties.  The  Oregon  question,  as  has  been 
already  indicated,  had  aroused  patriotism  to 
such  an  extent  that  westward  migration  had 
become  a  sort  of  mental  contagion. 

It  took  some  time  for  the  first  discoveries  to 
leak  out,  and  to  be  believed  after  they  had  gained 

1  January  24,  1848,  is  the  date  usually  given. 

55 


56  THE  FORTY-NINERS 

currency.  Even  in  California  itself  interest  was 
rather  tepid  at  first.  Gold  had  been  found  in 
small  quantities  many  years  before,  and  only  the 
actual  sight  of  the  metal  in  considerable  weight 
could  rouse  men's  imaginations  to  the  blazing  point. 

Among  the  most  enthusiastic  protagonists  was 
one  Sam  Brannan,  who  often  appeared  after- 
wards in  the  pages  of  Californian  history.  Bran- 
nan  was  a  Mormon  who  had  set  out  from  New 
York  with  two  hundred  and  fifty  Mormons  to 
try  out  the  land  of  California  as  a  possible  refuge 
for  the  persecuted  sect.  That  the  westward 
migration  of  Mormons  stopped  at  Salt  Lake  may 
well  be  due  to  the  fact  that  on  entering  San 
Francisco  Bay,  Brannan  found  himself  just  too 
late.  The  American  flag  was  already  floating 
over  the  Presidio.  Eye-witnesses  say  that  Bran- 
nan  dashed  his  hat  to  the  deck,  exclaiming,  "There 
is  that  damned  rag  again."  However,  he  proved 
an  adaptable  creature,  for  he  and  his  Mormons 
landed  nevertheless,  and  took  up  the  industries 
of  the  country. 

Brannan  collected  the  usual  tithes  from  these 
men,  with  the  ostensible  purpose  of  sending  them 
on  to  the  Church  at  Salt  Lake.  This,  however, 
he  consistently  failed  to  do.  One  of  the  Mormons, 


GOLD  57 

on  asking  Sutler  how  long  they  should  be  expected 
to  pay  these  tithes,  received  the  answer,  "As 
long  as  you  are  fools  enough  to  do  so."  But  they 
did  not  remain  fools  very  much  longer,  and  Bran- 
nan  found  himself  deprived  of  this  source  of 
revenue.  On  being  dunned  by  Brigham  Young 
for  the  tithes  already  collected,  Brannan  blandly 
resigned  from  the  Church,  still  retaining  the  assets. 
With  this  auspicious  beginning,  aided  by  a  burly, 
engaging  personality,  a  coarse,  direct  manner  that 
appealed  to  men,  and  an  instinct  for  the  lime- 
light, he  went  far.  Though  there  were  a  great 
many  admirable  traits  in  his  character,  people 
were  forced  to  like  him  in  spite  of  rather  than 
because  of  them.  His  enthusiasm  for  any  public 
agitation  was  always  on  tap. 

In  the  present  instance  he  rode  down  from 
Sutler's  Fort,  where  he  then  had  a  store,  bringing 
with  him  gold-dust  and  nuggets  from  the  new 
placers.  "Gold!  Gold!  Gold  from  the  American 
River!"  shouted  Brannan,  as  he  strode  down  the 
street,  •  swinging  his  hat  in  one  hand  and  holding 
aloft  the  bottle  of  gold-dust  in  the  other.  This  he 
displayed  to  the  crowd  that  immediately  gathered. 
With  such  a  start,  this  new  interest  brought  about 
a  stampede  that  nearly  depopulated  the  city. 


58  THE  FORTY-NINERS 

The  fever  spread.  People  scrambled  to  the 
mines  from  all  parts  of  the  State.  Practically 
every  able-bodied  man  in  the  community,  except 
the  Spanish  Californians,  who  as  usual  did  not 
join  this  new  enterprise  with  any  unanimity, 
took  at  least  a  try  at  the  diggings.  Not  only  did 
they  desert  almost  every  sort  of  industry,  but 
soldiers  left  the  ranks  and  sailors  the  ships,  so  that 
often  a  ship  was  left  in  sole  charge  of  its  captain. 
All  of  American  and  foreign  California  moved  to 
the  foothills. 

Then  ensued  the  brief  period  so  affectionately 
described  in  all  literalness  as  the  Arcadian  Age. 
Men  drank  and  gambled  and  enjoyed  themselves 
in  the  rough  manner  of  mining  camps;  but  they 
were  hardly  ever  drunken  and  in  no  instance 
dishonest.  In  all  literalness  the  miners  kept 
their  gold-dust  in  tin  cans  and  similar  recep- 
tacles, on  shelves,  unguarded  in  tents  or  open 
cabins.  Even  quarrels  and  disorder  were  practi- 
cally unknown.  The  communities  were  indivi- 
dualistic in  the  extreme,  and  yet,  with  the 
Anglo-Saxon  love  of  order,  they  adopted  rules  and 
regulations  and  simple  forms  of  government  that 
proved  entirely  adequate  to  their  needs.  When 
the  "good  old  days"  arfe  mentioned  with  the 


GOLD  59 

lingering  regret  associated  with  that  phrase,  the 
reference  is  to  this  brief  period  that  came  between 
the  actual  discovery  and  appreciation  of  gold  and 
the  influx  from  abroad  that  came  in  the  following 


years. 


This  condition  was  principally  due  to  the  class 
of  men  concerned.  The  earliest  miners  were  a  very 
different  lot  from  the  majority  of  those  who  arrived 
in  the  next  few  years.  They  were  mostly  the  origi- 
nal population,  who  had  come  out  either  as  pioneers 
or  in  the  government  service.  They  included 
the  discharged  soldiers  of  Stevenson's  regiment  of 
New  York  Volunteers,  who  had  been  detailed 
for  the  war  but  who  had  arrived  a  little  late,  the 
so-called  Mormon  Battalion,  Sam  Brannan's  im- 
migrants, and  those  who  had  come  as  settlers 
since  1842.  They  were  a  rough  lot  with  both  the 
virtues  and  the  defects  of  the  pioneer.  Neverthe- 
less among  their  most  marked  characteristics  were 
their  honesty  and  their  kindness.  Hittell  gives 
an  incident  that  illustrates  the  latter  trait  very 
well.  "It  was  a  little  camp,  the  name  of  which 
is  not  given  and  perhaps  is  not  important.  The 
day  was  a  hot  one  when  a  youth  of  sixteen 
came  limping  along,  footsore,  weary,  hungry,  and 
penniless.  There  were  at  least  thirty  robust 


60  THE  FORTY-NINERS 

miners  at  work  in  the  ravine  and  it  may  well  be 
believed  they  were  cheerful,  probably  now  and 
then  joining  in  a  chorus  or  laughing  at  a  joke. 
The  lad  as  he  saw  and  heard  them  sat  down  upon 
the  bank,  his  face  telling  the  sad  story  of  his 
misfortunes.  Though  he  said  nothing  he  was  not 
unobserved.  At  length  one  of  the  miners,  a 
stalwart  fellow,  pointing  up  to  the  poor  fellow  on 
the  bank,  exclaimed  to  his  companions,  'Boys, 
I'll  work  an  hour  for  that  chap  if  you  will.'  All 
answered  in  the  affirmative  and  picks  and  shovels 
were  plied  with  even  more  activity  than  before. 
At  the  end  of  an  hour  a  hundred  dollars'  worth  of 
gold-dust  was  poured  into  his  handkerchief.  As 
this  was  done  the  miners  who  had  crowded  around 
the  grateful  boy  made  out  a  list  of  tools  and  said  to 
him:  'You  go  now  and  buy  these  tools  and  come 
back.  We'll  have  a  good  claim  staked  out  for 
you;  then  you've  got  to  paddle  for  yourself.' ' 

Another  reason  for  this  distinguished  honesty 
was  the  extent  and  incredible  richness  of  the  dig- 
gings, combined  with  the  firm  belief  that  this  rich- 
ness would  last  forever  and  possibly  increase. 
The  first  gold  was  often  found  actually  at  the 
roots  of  bushes,  or  could  be  picked  out  from  the 
veins  in  the  rocks  by  the  aid  of  an  ordinary 


GOLD  61 

hunting-knife.  Such  pockets  were,  to  be  sure, 
by  no  means  numerous;  but  the  miners  did  not 
know  that.  To  them  it  seemed  extremely  possible 
that  gold  in  such  quantities  was  to  be  found 
almost  anywhere  for  the  mere  seeking.  Authenti- 
cated instances  are  known  of  men  getting  ten, 
fifteen,  twenty,  and  thirty  thousand  dollars  within 
a  week  or  ten  days,  without  particularly  hard 
work.  Gold  was  so' abundant  it  was  much  easier 
to  dig  it  than  to  steal  it,  considering  the  risks 
attendant  on  the  latter  course.  A  story  is  told 
of  a  miner,  while  paying  for  something,  dropping  a 
small  lump  of  gold  worth  perhaps  two  or  three 
dollars.  A  bystander  picked  it  up  and  offered 
it  to  him.  The  miner,  without  taking  it,  looked 
at  the  man  with  amazement,  exclaiming:  "Well, 
stranger,  you  are  a  curiosity.  I  guess  you  haven't 
been  in  the  diggings  long.  You  had  better  keep 
that  lump  for  a  sample." 

These  were  the  days  of  the  red-shirted  miner,  of 
romance,  of  Arcadian  simplicity,  of  clean,  honest 
working  under  blue  skies  and  beneath  the  warm 
California  sun,  of  immense  fortunes  made  quickly, 
of  faithful  "pardners,"  and  all  the  rest.  This  life 
was  so  complete  in  all  its  elements  that,  as  we  look 
back  upon  it,  we  unconsciously  give  it  a  longer 


62  THE  FORTY-NINERS 

period  than  it  actually  occupied.  It  seems  to  be  an 
epoch,  as  indeed  it  was;  but  it  was  an  epoch  of  less 
than  a  single  year,  and  it  ended  when  the  immi- 
gration from  the  world  at  large  began. 

The  first  news  of  the  gold  discovery  filtered  to 
the  east  in  a  roundabout  fashion  through  vessels 
from  the  Sandwich  Islands.  A  Baltimore  paper 
published  a  short  item.  Everybody  laughed  at 
the  rumor,  for  people  were  already  beginning  to 
discount  California  stories.  But  they  remembered 
it.  Romance,  as  ever,  increases  with  the  square 
of  the  distance;  and  this  was  a  remote  land.  But 
soon  there  came  an  official  letter  written  by  Gover- 
nor Mason  to  the  War  Department  wherein  he  said 
that  in  his  opinion,  "There  is  more  gold  in  the 
country  drained  by  the  Sacramento  and  San  Joa- 
quin  rivers  than  would  pay  the  cost  of  the  late 
war  with  Mexico  a  hundred  times  over."  The 
public  immediately  was  alert.  And  then,  strangely 
enough,  to  give  direction  to  the  restless  spirit 
seething  beneath  the  surface  of  society,  came  a 
silly  popular  song.  As  has  happened  many  times 
before  and  since,  a  great  movement  was  set  to 
the  lilt  of  a  commonplace  melody.  Minstrels 
started  it;  the  public  caught  it  up.  Soon  in  every 
quarter  of  the  world  were  heard  the  strains  of 


GOLD  63 

Oh,  Susannah!  or  rather  the  modification  of  it  made 
to  fit  this  case: 

• 
"I'll  scrape  the  mountains  clean,  old  girl, 

I'll  drain  the  rivers  dry. 

I'm  off  for  California,  Susannah,  don't  you  cry. 
Oh,  Susannah,  don't  you  cry  for  me, 
I'm  off  to  California  with  my  wash  bowl  on  my 
knee!" 

The  public  mind  already  prepared  for  excitement 
by  the  stirring  events  of  the  past  few  years,  but 
now  falling  into  the  doldrums  of  both  monoto- 
nous and  hard  times,  responded  eagerly.  Every 
man  with  a  drop  of  red  blood  in  his  veins  wanted 
to  go  to  California.  But  the  journey  was  a  long 
one,  and  it  cost  a  great  deal  of  money,  and 
there  were  such  things  as  ties  of  family  or  business 
impossible  to  shake  off.  However,  those  who  saw 
no  immediate  prospect  of  going  often  joined  the 
curious  clubs  formed  for  the  purpose  of  getting 
at  least  one  or  more  of  their  members  to  the  El 
Dorado.  These  clubs  met  once  in  so  often,  talked 
over  details,  worked  upon  each  other's  excitement, 
even  occasionally  and  officially  sent  some  one  of 
their  members  to  the  point  of  running  amuck. 
Then  he  usually  broke  off  all  responsibilities  and 
rushed  headlong  to  the  gold  coast. 


64  THE  FORTY-NINERS 

The  most  absurd  ideas  obtained  currency.  Stor- 
ies did  not  lose  in  travel.  A  work  entitled  Three 
Weeks  in  the  Gold  Mines,  written  by  a  menda- 
cious individual  who  signed  himself  H.  I.  Simp- 
son, had  a  wide  vogue.  It  is  doubtful  if  the  author 
had  ever  been  ten  miles  from  New  York;  but  he 
wrote  a  marvelous  and  at  the  time  convincing  tale. 
According  to  his  account,  Simpson  had  only  three 
weeks  for  a  tour  of  the  gold-fields,  and  considered 
ten  days  of  the  period  was  all  he  could  spare  the 
unimportant  job  of  picking  up  gold.  In  the  ten 
days,  however,  with  no  other  implements  than 
a  pocket-knife,  he  accumulated  fifty  thousand 
dollars.  The  rest  of  the  time  he  really  preferred 
to  travel  about  viewing  the  country!  He  con- 
descended, however,  to  pick  up  incidental  nuggets 
that  happened  to  lie  under  his  very  footstep.  Said 
one  man  to  his  friend:  "I  believe  I'll  go.  I  know 
most  of  this  talk  is  wildly  exaggerated,  but  I  am 
sensible  enough  to  discount  all  that  sort  of  thing 
and  to  disbelieve  absurd  stories.  I  shan't  go  with 
the  slightest  notion  of  finding  the  thing  true,  but 
will  be  satisfied  if  I  do  reasonably  well.  In  fact, 
if  I  don't  pick  up  more  than  a  hatful  of  gold  a  day 
I  shall  be  perfectly  satisfied." 

Men's    minds    were    full    of    strange    positive 


GOLD  65 

knowledge,  not  only  as  to  the  extent  of  the  gold- 
mines, but  also  as  to  theory  and  practice  of  the 
actual  mining.  Contemporary  writers  tell  us  of  the 
hundreds  and  hundreds  of  different  strange  ma- 
chines invented  for  washing  out  the  gold  and  actu- 
ally carried  around  the  Horn  or  over  the  Isthmus  of 
Panama  to  San  Francisco.  They  were  of  all  types, 
from  little  pocket-sized  affairs  up  to  huge  arrange- 
ments with  windmill  arms  and  wings.  Their  des- 
tination was  inevitably  the  beach  below  the  San 
Francisco  settlement,  where,  half  buried  in  the 
sand,  torn  by  the  trade  winds,  and  looted  for 
whatever  of  value  might  inhere  in  the  metal  parts, 
they  rusted  and  disintegrated,  a  pathetic  and 
grisly  reminder  of  the  futile  greed  of  men. 

Nor  was  this  excitement  confined  to  the  eastern 
United  States.  In  France  itself  lotteries  were 
held,  called,  I  believe,  the  Lotteries  of  the  Golden 
Ingot.  The  holders  of  the  winning  tickets  were 
given  a  trip  to  the  gold-fields.  A  considerable 
number  of  French  came  over  in  that  manner,  so 
that  life  in  California  was  then,  as  now,  consider- 
ably leavened  by  Gallicism.  Their  ignorance  of 
English  together  with  their  national  clannishness 
caused  them  to  stick  together  in  communities. 
They  soon  became  known  as  Keskydees.  Very 


66  THE  FORTY-NINERS 

few  people  knew  why.  It  was  merely  the  frontiers- 
men's understanding  of  the  invariable  French 
phrase  "Qu'est-ce  qu'il  dit?"  In  Great  Britain, 
Norway,  to  a  certain  extent  in  Germany,  South 
America,  and  even  distant  Australia,  the  adven- 
turous and  impecunious  were  pricking  up  their 
ears  and  laying  their  plans. 

There  were  offered  three  distinct  channels  for 
this  immigration.  The  first  of  these  was  by  sailing 
around  Cape  Horn.  This  was  a  slow  but  fairly 
comfortable  and  reasonably  safe  route.  It  was 
never  subject  to  the  extreme  overcrowding  of  the 
Isthmus  route,  and  it  may  be  dismissed  in  this 
paragraph.  The  second  was  by  the  overland 
route,  of  which  there  were  several  trails.  The 
third  was  by  the  Isthmus  of  Panama.  Each  of 
these  two  is  worth  a  chapter,  and  we  shall  take  up 
the  overland  migration  first. 


CHAPTER  V 

ACROSS   THE   PLAINS 

THE  overland  migration  attracted  the  more  hardy 
and  experienced  pioneers,  and  also  those  whose 
assets  lay  in  cattle  and  farm  equipment  rather 
than  in  money.  The  majority  came  from  the 
more  western  parts  of  the  then  United  States,  and 
therefore  comprised  men  who  had  already  some 
experience  in  pioneering.  As  far  as  the  Mississippi 
or  even  Kansas  these  parties  generally  traveled 
separately  or  in  small  groups  from  a  single  locality. 
Before  starting  over  the  great  plains,  however,  it 
became  necessary  to  combine  into  larger  bands 
for  mutual  aid  and  protection.  Such  recognized 
meeting-points  were  therefore  generally  in  a  state 
of  congestion.  Thousands  of  people  with  their 
equipment  and  animals  were  crowded  together  in 
some  river-bottom  awaiting  the  propitious  mo- 
ment for  setting  forth. 

The    journey    ordinarily    required    about    five 
67 


68  THE  FORTY-NINERS 

months,  provided  nothing  untoward  happened 
in  the  way  of  delay.  A  start  in  the  spring  there- 
fore allowed  the  traveler  to  surmount  the  Sierra 
Nevada  mountains  before  the  first  heavy  snow- 
falls. One  of  the  inevitable  anxieties  was  whether 
or  not  this  crossing  could  be  safely  accomplished. 
At  first  the  migration  was  thoroughly  orderly  and 
successful.  As  the  stories  from  California  became 
more  glowing,  and  as  the  fever  for  gold  mounted 
higher,  the  pace  accelerated. 

A  book  by  a  man  named  Harlan,  written  in 
the  County  Farm  to  which  his  old  age  had  brought 
him,  gives  a  most  interesting  picture  of  the  times. 
His  party  consisted  of  fourteen  persons,  one  of 
whom,  Harlan's  grandmother,  was  then  ninety 
years  old  and  blind!  There  were  also  two  very 
small  children.  At  Indian  Creek  in  Kansas  they 
caught  up  with  the  main  body  of  immigrants  and 
soon  made  up  their  train.  He  says:  "We  pro- 
ceeded very  happily  until  we  reached  the  South 
Platte.  Every  night  we  young  folks  had  a  dance 
on  the  green  prairie."  Game  abounded,  the 
party  was  in  good  spirits  and  underwent  no 
especial  hardships,  and  the  Indian  troubles  fur- 
nished only  sufficient  excitement  to  keep  the 
men  interested  and  alert.  After  leaving  Salt 


ACROSS  THE  PLAINS  69 

Lake,  however,  the  passage  across  the  desert 
suddenly  loomed  up  as  a  terrifying  thing.  "We 
started  on  our  passage  over  this  desert  in  the 
early  morning,  trailed  all  next  day  and  all  night, 
and  on  the  morning  of  the  third  day  our  guide 
told  us  that  water  was  still  twenty-five  miles 
away.  William  Harlan  here  lost  his  seven  yoke 
of  oxen.  The  man  who  was  in  charge  of  them  went 
to  sleep,  and  the  cattle  turned  back  and  recrossed 
the  desert  or  perhaps  died  there.  .  .  .  Next  day  I 
started  early  and  drove  till  dusk,  as  I  wished  to 
tire  the  cattle  so  that  they  would  lie  down  and 
give  me  a  chance  to  sleep.  They  would  rest  for 
two  or  three  hours  and  then  try  to  go  back 
home  to  their  former  range."  The  party  won 
through,  however,  and  descended  into  the  smil- 
ing valleys  of  California,  ninety-year-old  lady 
and  all. 

These  parties  which  were  hastily  got  together  for 
the  mere  purpose  of  progress  soon  found  that  they 
must  have  some  sort  of  government  to  make  the 
trip  successful.  A  leader  was  generally  elected  to 
whom  implicit  obedience  was  supposed  to  be 
accorded.  Among  independent  and  hot-headed 
men  quarrels  were  not  infrequent.  A  rough  sort 
of  justice  was,  however,  invoked  by  vote  of  the 


70  THE  FORTY-NINERS 

majority.  Though  a  "split  of  blankets"  was  not 
unknown,  usually  the  party  went  through  under 
one  leadership.  Fortunate  were  those  who  pos< 
sessed  experienced  men  as  leaders,  or  who  in 
hiring  the  services  of  one  of  the  numerous  plains 
guides  obtained  one  of  genuine  experience.  In- 
experience and  graft  were  as  fatal  then  as  now. 
It  can  well  be  imagined  what  disaster  could 
descend  upon  a  camping  party  in  a  wilderness 
such  as  the  Old  West,  amidst  the  enemies  which 
that  wilderness  supported.  It  is  bad  enough 
today  when  inexperienced  people  go  to  camp 
by  a  lake  near  a  farm-house.  Moreover,  at  that 
time  everybody  was  in  a  hurry,  and  many  sus- 
pected that  the  other  man  was  trying  to  obtain 
an  advantage. 

Hittell  tells  of  one  ingenious  citizen  who,  in 
trying  to  keep  ahead  of  his  fellow  immigrants  as 
he  hurried  along,  had  the  bright  idea  of  setting 
on  fire  and  destroying  the  dry  grass  in  order  to 
retard  the  progress  of  the  parties  behind.  Grass 
was  scarce  enough  in  the  best  circumstances,  and 
the  burning  struck  those  following  with  starvation. 
He  did  not  get  very  far,  however,  before  he  was 
caught  by  a  posse  who  mounted  their  best  horses 
for  pursuit.  They  shot  him  from  his  saddle  and 


ACROSS  THE  PLAINS  71 

turned  back.  This  attempt  at  monopoly  was  thus 
nipped  in  the  bud. 

Probably  there  would  have  been  more  of  this 
sort  of  thing  had  it  not  been  for  the  constant 
menace  of  the  Indians.  The  Indian  attack  on  the 
immigrant  train  has  become  so  familiar  through 
Wild  West  shows  and  so-called  literature  that  it 
is  useless  to  redescribe  it  here.  Generally  the 
object  was  merely  the  theft  of  horses,  but  occa- 
sionally a  genuine  attack,  followed  in  case  of 
success  by  massacre,  took  place.  An  experience 
of  this  sort  did  a  great  deal  of  good  in  holding 
together  not  only  the  parties  attacked,  but  also 
those  who  afterwards  heard  of  the  attempt. 

There  was,  however,  another  side  to  the  shield, 
a  very  encouraging  and  cheerful  side.  For 
example,  some  good-hearted  philanthropist  es- 
tablished a  kind  of  reading-room  and  post-office 
in  the  desert  near  the  headwaters  of  the  Humboldt 
River.  He  placed  it  in  a  natural  circular  wall  of 
rock  by  the  road,  shaded  by  a  lone  tree.  The 
original  founder  left  a  lot  of  newspapers  on  a 
stone  seat  inside  the  wall  with  a  written  notice 
to  "Read  and  leave  them  for  others." 

Many  trains,  well  equipped,  well  formed,  well 
led,  went  through  without  trouble  —  indeed,  with 


72  THE  FORTY-NINERS 

real  pleasure.  Nevertheless  the  overwhelming 
testimony  is  on  the  other  side.  Probably  this  was 
due  in  large  part  to  the  irritability  that  always 
seizes  the  mind  of  the  tenderfoot  when  he  is  con- 
fronted by  wilderness  conditions.  A  man  who  is  a 
perfectly  normal  and  agreeable  citizen  in  his  own 
environment  becomes  a  suspicious  half-lunatic 
when  placed  in  circumstances  uncomfortable  and 
unaccustomed.  It  often  happened  that  people 
were  obliged  to  throw  things  away  in  order  to 
lighten  their  loads.  When  this  necessity  occurred, 
they  generally  seemed  to  take  an  extraordinary 
delight  in  destroying  their  property  rather  than  in 
leaving  it  for  anybody  else  who  might  come  along. 
Hittell  tells  us  that  sugar  was  often  ruined  by 
having  turpentine  poured  over  it,  and  flour  was 
mixed  with  salt  and  dirt;  wagons  were  burned; 
clothes  were  torn  into  shreds  and  tatters.  All  of 
this  destruction  was  senseless  and  useless,  and  was 
probably  only  a  blind  and  instinctive  reaction 
against  hardships. 

Those  hardships  were  considerable.  It  is  esti- 
mated that  during  the  height  of  the  overland 
migration  in  the  spring  of  1849  no  less  than  fifty 
thousand  people  started  out.  The  wagon  trains  fol- 
lowed almost  on  one  another's  heels,  so  hot  was  the 


ACROSS  THE  PLAINS  73 

pace.  Not  only  did  the  travelers  wish  to  get  to 
the  Sierras  before  the  snows  blocked  the  passes, 
not  only  were  they  eager  to  enter  the  gold  mines, 
but  they  were  pursued  by  the  specter  of  cholera 
in  the  concentration  camps  along  the  Mississippi 
Valley.  This  scourge  devastated  these  gatherings. 
It  followed  the  men  across  the  plains  like  some 
deadly  wild  beast,  and  was  shaken  off  only 
when  the  high  clear  climate  of  desert  altitude  was 
eventually  reached. 

But  the  terrible  part  of  the  journey  began  with 
the  entrance  into  the  great  deserts,  like  that  of 
the  Humboldt  Sink.  There  the  conditions  were 
almost  beyond  belief.  Thousands  were  left  be- 
hind, fighting  starvation,  disease,  and  the  loss  of 
cattle.  Women  who  had  lost  their  husbands  from 
the  deadly  cholera  went  staggering  on  without 
food  or  water,  leading  their  children.  The  trail 
was  literally  lined  with  dead  animals.  Often  in 
the  middle  of  the  desert  could  be  seen  the  camps 
of  death,  the  wagons  drawn  in  a  circle,  the  dead 
animals  tainting  the  air,  every  living  human  being 
crippled  from  scurvy  and  other  diseases.  There 
was  no  fodder  for  the  cattle,  and  very  little  water, 
The  loads  had  to  be  lightened  almost  every  mile 
by  the  discarding  of  valuable  goods.  Many  of 


74  THE  FORTY-NINERS 

the  immigrants  who  survived  the  struggle  reached 
the  goal  in  an  impoverished  condition.  The  road 
was  bordered  with  an  almost  unbroken  barrier  of 
abandoned  wagons,  old  mining  implements,  clothes, 
provisions,  and  the  like.  As  the  cattle  died,  the 
problem  of  merely  continuing  the  march  became 
worse.  Often  the  rate  of  progress  was  not  more 
than  a  mile  every  two  or  three  hours.  Each  mile 
had  to  be  relayed  back  and  forth  several  times. 
And  when  this  desert  had  sapped  their  strength, 
they  came  at  last  to  the  Sink  itself,  with  its  long 
white  fields  of  alkali  with  drifts  of  ashes  across 
them,  so  soft  that  the  cattle  sank  half-way  to  their 
bellies.  The  dust  was  fine  and  light  and  rose 
chokingly;  the  sun  was  strong  and  fierce.  All  but 
the  strongest  groups  of  pioneers  seemed  to  break 
here.  The  retreats  became  routs.  Each  one  put 
out  for  himself  with  what  strength  he  had  left. 
The  wagons  were  emptied  of  everything  but  the 
barest  necessities.  At  every  stop  some  animal  fell 
in  the  traces  and  had  to  be  cut  out  of  the  yoke. 
If  a  wagon  came  to  a  full  stop,  it  was  abandoned. 
The  animals  were  detached  and  driven  forward. 
And  when  at  last  they  reached  the  Humboldt  River 
itself,  they  found  it  almost  impossible  to  ford. 
The  best  feed  lay  on  the  other  side.  In  the 


ACROSS  THE  PLAINS  75 

distance  the  high  and  forbidding  ramparts  of  the 
Sierra  Nevadas  reared  themselves. 

One  of  these  Forty-niners,  Delano,  a  man  of 
some  distinction  in  the  later  history  of  the  mining 
communities,  says  that  five  men  drowned  them- 
selves in  the  Humboldt  River  in  one  day  out  of 
sheer  discouragement.  He  says  that  he  had  to 
save  the  lives  of  his  oxen  by  giving  Indians  fifteen 
dollars  to  swim  the  river  and  float  some  grass 
across  to  him.  And  with  weakened  cattle,  dis- 
couraged hearts,  no  provisions,  the  travelers 
had  to  tackle  the  high  rough  road  that  led  across 
the  mountains. 

Of  course,  the  picture  just  drawn  is  of  the 
darkest  aspect.  Some  trains  there  were  under 
competent  pioneers  who  knew  their  job;  who 
were  experienced  in  wilderness  travel;  who  under- 
stood better  than  to  chase  madly  away  after  every 
cut-off  reported  by  irresponsible  trappers;  who 
comprehended  the  handling  and  management  of 
cattle;  who,  in  short,  knew  wilderness  travel. 
These  came  through  with  only  the  ordinary  hard- 
ships. But  take  it  all  in  all,  the  overland  trail 
was  a  trial  by  fire.  One  gets  a  notion  of  its  deadli- 
ness  from  the  fact  that  over  five  thousand  people 
died  of  cholera  alone.  The  trail  was  marked 


76  THE  FORTY-NINERS 

throughout  its  length  by  the  shallow  graves  of 
those  who  had  succumbed.  He  who  arrived  in 
California  was  a  different  person  from  the  one 
who  had  started  from  the  East.  Experience  had 
even  in  so  short  a  time  fused  his  elements  into 
something  new.  This  alteration  must  not  be 
forgotten  when  we  turn  once  more  to  the  internal 
affairs  of  the  new  commonwealth. 


CHAPTER  VI 

THE  MORMONS 

IN  the  westward  overland  migration  the  Salt  Lake 
Valley  Mormons  played  an  important  part.  These 
strange  people  had  but  recently  taken  up  their 
abode  in  the  desert.  That  was  a  fortunate  circum- 
stance, as  their  necessities  forced  them  to  render 
an  aid  to  the  migration  that  in  better  days  would 
probably  have  been  refused. 

The  founder  of  the  Mormon  Church,  Joseph 
Smith,  Jr.,  came  from  a  commonplace  family. 
Apparently  its  members  were  ignorant  and  super- 
stitious. They  talked  much  of  hidden  treasure  and 
of  supernatural  means  for  its  discovery.  They  be- 
lieved in  omens,  signs,  and  other  superstitions.  As 
a  boy  Joseph  had  been  shrewd  enough  and  super- 
stitious enough  to  play  this  trait  up  for  all  it  was 
worth.  He  had  a  magic  peep-stone  and  a  witch- 
hazel  divining-rod  that  he  manipulated  so  skill- 
fully as  to  cause  other  boys  and  even  older  men 

77 


78  THE  FORTY-NINERS 

to  dig  for  him  as  he  wished.  He  seemed  to  delight 
in  tricking  his  companions  in  various  ways,  by  tell- 
ing fortunes,  reeling  off  tall  yarns,  and  posing  as 
one  possessed  of  occult  knowledge. 

According  to  Joseph's  autobiography,  the  dis- 
covery of  the  Mormon  Bible  happened  in  this  wise: 
on  the  night  of  September  21,  1823,  a  vision  fell 
upon  him;  the  angel  Moroni  appeared  and  directed 
him  to  a  cave  on  the  hillside;  in  this  cave  he  found 
some  gold  plates,  on  which  were  inscribed  strange 
characters,  written  in  what  Smith  described  as 
"reformed  Egyptian";  they  were  undecipherable 
except  by  the  aid  of  a  pair  of  magic  peep-stones 
named  Urim  and  Thummim,  delivered  him  for  the 
purpose  by  the  angel  at  Palmyra;  looking  through 
the  hole  in  these  peep-stones,  he  was  able  to  inter- 
pret the  gold  plates.  This  was  the  skeleton  of  the 
story  embellished  by  later  ornamentation  in  the 
way  of  golden  breastplates,  two  stones  bright  and 
shining,  golden  plates  united  at  the  back  by  rings, 
the  sword  of  Laban,  square  stone  boxes,  cemented 
clasps,  invisible  blows,  suggestions  of  Satan,  and 
similar  mummery  born  from  the  quickened  imagi- 
nation of  a  zealot. 

Smith  succeeded  in  interesting  one  Harris  to 
act  as  his  amanuensis  in  his  interpretation  of  these 


THE  MORMONS  79 

books  of  Mormon.  The  future  prophet  sat  be- 
hind a  screen  with  the  supposed  gold  plates  in  his 
hat.  He  dictated  through  the  stones  Urim  and 
Thummim.  With  a  keen  imagination  and  natural 
aptitude  for  the  strikingly  dramatic,  he  was  able 
to  present  formally  his  ritual,  tabernacle,  holy  of 
holies,  priesthood  and  tithings,  constitution  and 
councils,  blood  atonement,  anointment,  twelve 
apostles,  miracles,  his  spiritual  manifestations  and 
revelations,  all  in  reminiscence  of  the  religious 
tenets  of  many  lands. 

Such  religious  movements  rise  and  fall  at  peri- 
odic intervals.  Sometimes  they  are  never  heard 
of  outside  the  small  communities  of  their  birth; 
at  other  times  they  arise  to  temporary  nation-wide 
importance,  but  they  are  unlucky  either  in  leader- 
ship or  environment  and  so  perish.  The  Mormon 
Church,  however,  was  fortunate  in  all  respects. 
Smith  was  in  no  manner  a  successful  leader,  but 
he  made  a  good  prophet.  He  was  strong  physi- 
cally, was  a  great  wrestler,  and  had  an  abundance 
of  good  nature;  he  was  personally  popular  with  the 
type  of  citizen  with  whom  he  was  thrown.  He 
could  impress  the  ignorant  mind  with  the  reality  of 
his  revelations  and  the  potency  of  his  claims.  He 
could  impress  the  more  intelligent,  but  half  un- 


80  THE  FORTY-NINERS 

scrupulous,  half  fanatical  minds  of  the  leaders  with 
the  power  of  his  idea  and  the  opportunities  offered 
for  leadership. 

Two  men  of  the  latter  type  were  Parley  P.  Pratt 
and  Sidney  Rigdon.  The  former  was  of  the  narrow, 
strong,  fanatic  type;  the  latter  had  the  cool  con- 
structive brain  that  gave  point,  direction,  and 
consistency  to  the  Mormon  system  of  theology. 
Had  it  not  been  for  such  leaders  and  others  like 
them,  it  is  quite  probable  that  the  Smith  move- 
ment would  have  been  lost  like  hundreds  of 
others.  That  Smith  himself  lasted  so  long  as 
the  head  of  the  Church,  with  the  powers  and 
perquisites  of  that  position,  can  be  explained 
by  the  fact  that,  either  by  accident  or  shrewd 
design,  his  position  before  the  unintelligent  masses 
had  been  made  impregnable.  If  it  was  not 
true  that  Joseph  Smith  had  received  the  golden 
plates  from  an  angel  and  had  translated  them  — 
again  with  the  assistance  of  an  angel  —  and  had 
received  from  heaven  the  revelations  vouchsafed 
from  time  to  time  for  the  explicit  guidance  of  the 
Church  in  moral,  temporal,  and  spiritual  matters, 
then  there  was  no  Book  of  Mormon,  no  new  revela- 
tion, no  Mormon  Church.  The  dethronement  of 
Smith  meant  that  there  could  be  no  successor 


THE  MORMONS  81 

to  Smith,  for  there  would  be  nothing  to  which 
to  succeed.  The  whole  church  structure  must 
crumble  with  him. 

The  time  was  psychologically  right.  Occa- 
sionally a  contagion  of  religious  need  seems  to 
sweep  the  country.  People  demand  manifesta- 
tions and  signs,  and  will  flock  to  any  who  can 
promise  them.  To  this  class  the  Book  of  Mormon, 
with  its  definite  sort  of  mysticism,  appealed 
strongly.  The  promises  of  a  new  Zion  were  con- 
crete; the  power  was  centralized,  so  that  people 
who  had  heretofore  been  floundering  in  doubt  felt 
they  could  lean  on  authority,  and  shake  off  the 
personal  responsibility  that  had  weighed  them 
down.  The  Mormon  communities  grew  fast,  and 
soon  began  to  send  out  proselyting  missionaries. 
England  was  especially  a  fruitful  field  for  these 
missionaries.  The  great  manufacturing  towns 
were  then  at  their  worst,  containing  people  des- 
perately ignorant,  superstitious,  and  so  deeply 
poverty-stricken  that  the  mere  idea  of  owning 
land  of  their  own  seemed  to  them  the  height  of 
affluence.  Three  years  after  the  arrival  of  the 
missionaries  the  general  conference  reported  4019 
converts  in  England  alone.  These  were  good 
material  in  the  hands  of  strong,  fanatical,  or  un- 


82  THE  FORTY-NINERS 

scrupulous  leaders.  They  were  religious  enthusi- 
asts, of  course,  who  believed  they  were  coming  to 
a  real  city  of  Zion.  Most  of  them  were  in  debt  to 
the  Church  for  the  price  of  their  passage,  and  their 
expenses.  They  were  dutiful  in  their  acceptance 
of  miracles,  signs,  and  revelations.  The  more 
intelligent  among  them  realized  that,  having  come 
so  far  and  invested  in  the  enterprise  their  all,  it  was 
essential  that  they  accept  wholly  the  discipline 
and  authority  of  the  Church. 

Before  their  final  migration  to  Utah,  the  Mor- 
mons made  three  ill-fated  attempts  to  found  the 
city  of  Zion,  first  in  Ohio,  then  in  western  Mis- 
souri, and  finally,  upon  their  expulsion  from 
Missouri,  at  Nauvoo  in  Illinois.  In  every  case 
they  both  inspired  and  encountered  opposition 
and  sometimes  persecution.  As  the  Mormons 
increased  in  power,  they  became  more  self-suf- 
ficient and  arrogant.  They  at  first  presumed  to 
dictate  politically,  and  fhen  actually  began  to 
consider  themselves  a  separate  political  entity. 
One  of  their  earliest  pieces  of  legislation,  under  the 
act  incorporating  the  city  of  Nauvoo,  was  an 
ordinance  to  protect  the  inhabitants  of  the  Mor- 
mon communities  from  all  outside  legal  processes. 
No  writ  for  the  arrest  of  any  Mormon  inhabitants 


THE  MORMONS  83 

of  any  Mormon  city  could  be  executed  until  it  had 
received  the  mayor's  approval.  By  way  of  a  mild 
and  adequate  penalty,  anyone  violating  this  ordi- 
nance was  to  be  imprisoned  for  life  with  no  power 
of  pardon  in  the  governor  without  the  mayor's 
consent. 

Of  course  this  was  a  welcome  opportunity  for  the 
lawless  and  desperate  characters  of  the  surround- 
ing country.  They  became  Mormon  to  a  man. 
Under  the  shield  of  Mormon  protection  they  could 
steal  and  raid  to  their  heart's  content.  Land 
speculators  also  came  into  the  Church,  and  bought 
land  in  the  expectation  that  New  Zion  property 
would  largely  rise.  Banking  grew  somewhat 
frantic.  Complaints  became  so  bitter  that  even 
the  higher  church  authorities  were  forced  to 
take  cognizance  of  the  practices.  In  1840  Smith 
himself  said:  "We  are  no  longer  at  war,  and  you 
must  stop  stealing.  When  the  right  time  comes, 
we  will  go  in  force  and  take  the  whole  State 
of  Missouri.  It  belongs  to  us  as  our  inheritance, 
but  I  want  no  more  petty  stealing.  A  man  that 
will  steal  petty  articles  from  his  enemies  will, 
when  occasion  offers,  steal  from  his  brethren  too. 
Now  I  command  you  that  have  stolen  must  steal 
no  more. " 


84  THE  FORTY-NINERS 

At  Nauvoo,  on  the  eastern  bank  of  the  Missis- 
sippi, they  built  a  really  pretentious  and  beautiful 
city,  and  all  but  completed  a  temple  that  was,  from 
every  account,  creditable.  However,  their  arro- 
gant relations  with  their  neighbors  and  the  extreme 
isolation  in  which  they  held  themselves  soon  earned 
them  the  dislike  and  distrust  of  those  about  them. 
The  practice  of  polygamy  had  begun,  although 
even  to  the  rank  and  file  of  the  Mormons  them- 
selves the  revelation  commanding  it  was  as  yet 
unknown.  Still,  rumors  had  leaked  forth.  The 
community,  already  severely  shocked  in  its  eco- 
nomic sense,  was  only  too  ready  to  be  shocked  in 
its  moral  sense,  as  is  the  usual  course  of  human 
nature.  The  rather  wild  vagaries  of  the  converts, 
too,  aroused  distrust  and  disgust  in  the  sober 
minds  of  the  western  pioneers.  At  religious  meet- 
ings converts  would  often  arise  to  talk  in  gibberish 
—  utterly  nonsensical  gibberish.  This  was  called 
a  "speaking  with  tongues,"  and  could  be  trans- 
lated by  the  speaker  or  a  bystander  in  any  way 
he  saw  fit,  without  responsibility  for  the  saying. 
This  was  an  easy  way  of  calling  a  man  names 
without  standing  behind  it,  so  to  speak.  The 
congregation  saw  visions,  read  messages  on  stones 
picked  up  in  the  field  —  messages  which  disap- 


THE  MORMONS  85 

peared  as  soon  as  interpreted.  They  had  fits  in 
meetings,  they  chased  balls  of  fire  through  the 
fields,  they  saw  wonderful  lights  in  the  air,  hi 
short  they  went  through  all  the  hysterical  vagaries 
formerly  seen  also  in  the  Methodist  revivals  under 
John  Wesley. 

Turbulence  outside  was  accompanied  by  tur- 
bulence within.  Schisms  occurred.  Branches 
were  broken  off  from  the  Church.  The  great 
temporal  power  and  wealth  to  wrhich,  owing  to  the 
obedience  and  docility  of  the  rank  and  file,  the 
leaders  had  fallen  practically  sole  heirs,  had  gone 
to  their  heads.  The  Mormon  Church  gave  every 
indication  of  breaking  up  into  disorganized  smaller 
units,  when  fortunately  for  it  the  prophet  Joseph 
Smith  and  his  brother  Hyrum  were  killed  by  a  mob. 
This  martyrdom  consolidated  the  church  body 
once  more;  and  before  disintegrating  influences 
could  again  exert  themselves,  the  reins  of  power 
were  seized  by  the  strong  hand  of  a  remarkable 
man,  Brigham  Young,  who  thrust  aside  the  logical 
successor,  Joseph  Smith's  son. 

Young  was  an  uneducated  man,  but  with  a  deep 
insight  into  human  nature.  A  shrewd  practical 
ability  and  a  rugged  intelligence,  combined  with 
absolute  cold-blooded  unscrupulousness  in  attaining 


86  THE  FORTY-NINERS 

his  ends,  were  qualities  amply  sufficient  to  put 
Young  in  the  front  rank  of  the  class  of  people  who 
composed  the  Mormon  Church.  He  early  estab- 
lished a  hierarchy  of  sufficient  powers  so  that 
always  he  was  able  to  keep  the  strong  men  of  the 
Church  loyal  to  the  idea  he  represented.  He  paid 
them  well,  both  in  actual  property  and  in  power 
that  was  dearer  to  them  than  property.  Further- 
more, whether  or  not  he  originated  polygamy,  he 
not  only  saw  at  once  its  uses  in  increasing  the 
population  of  the  new  state  and  in  taking  care  of 
the  extra  women  such  fanatical  religions  always 
attract,  but  also,  more  astutely,  he  realized  that 
the  doctrine  of  polygamy  would  set  his  people  apart 
from  all  other  people,  and  probably  call  down  upon 
them  the  direct  opposition  of  the  Federal  Govern- 
ment. A  feeling  of  persecution,  opposition,  and 
possible  punishment  were  all  potent  to  segregate 
the  Mormon  Church  from  the  rest  of  humanity 
and  to  assure  its  coherence.  Further,  he  under- 
stood thoroughly  the  results  that  can  be  obtained 
by  cooperation  of  even  mediocre  people  under  able 
leadership.  He  placed  his  people  apart  by  thor- 
oughly impressing  upon  their  minds  the  idea  of 
their  superiority  to  the  rest  of  the  world.  They 
were  the  chosen  people,  hitherto  scattered,  but  now 


THE  MORMONS  87 

at  last  gathered  together.  His  followers  had  just  the 
degree  of  intelligence  necessary  to  accept  leadership 
gracefully  and  to  rejoice  in  a  supposed  superiority 
because  of  a  sense  of  previous  inferiority. 

This  ductile  material  Brigham  welded  to  his  own 
forms.  He  was  able  to  assume  consistently  an 
appearance  of  uncouth  ignorance  in  order  to  retain 
his  hold  over  his  uncultivated  flock.  He  delivered 
vituperative,  even  obscene  sermons,  which  may 
still  be  read  in  his  collected  works.  But  he  was 
able  also  on  occasions,  as  when  addressing  agents 
of  the  Federal  Government  or  other  outsiders 
whom  he  wished  to  impress,  to  write  direct  and 
dignified  English.  He  was  resourceful  in  obtain- 
ing control  over  the  other  strong  men  of  his 
Church;  but  by  his  very  success  he  was  blinded  to 
due  proportions.  There  can  be  little  doubt  that  at 
one  time  he  thought  he  could  defy  the  United  States 
by  force  of  arms.  He  even  maintained  an  organi- 
zation called  the  Danites,  sometimes  called  the 
Destroying  Angels,  who  carried  out  his  decrees. r 

Brigham  could  welcome  graciously  and  leave 

1  The  Mormon  Church  has  always  denied  the  existence  of  any  such 
organization;  but  the  weight  of  evidence  is  against  the  Church.  In 
one  of  his  discourses,  Young  seems  inadvertently  to  have  admitted  the 
existence  of  the  Danites.  The  organization  dates  from  the  sojourn  of  the 
Mormons  in  Missouri.  See  Linn,  The  Story  of  the  Mormons,  pp.  189-192. 


88  THE  FORTY-NINERS 

a  good  impression  upon  important  visitors.  He 
was  not  a  good  business  man,  however,  and  almost 
every  enterprise  he  directly  undertook  proved  to 
be  a  complete  or  partial  failure.  He  did  the  most 
extraordinarily  stupid  things,  as,  for  instance,  when 
he  planned  the  so-called  Cotton  wood  Canal,  the 
mouth  of  which  was  ten  feet  higher  than  its  source ' 
Nevertheless  he  had  sense  to  utilize  the  business 
ability  of  other  men,  and  was  a  good  accumulator 
of  properties.  His  estate  at  his  death  was  valued 
at  between  two  and  three  million  dollars.  This 
was  a  pretty  good  saving  for  a  pioneer  who  had 
come  into  the  wilderness  without  a  cent  of  his  own, 
who  had  always  spent  lavishly,  and  who  had  sup- 
ported a  family  of  over  twenty  wives  and  fifty 
children  —  all  this  without  a  salary  as  an  officer. 
Tithes  were  brought  to  him  personally,  and  he 
rendered  no  accounting.  He  gave  the  strong  men 
of  his  hierarchy  power  and  opportunity,  played 
them  against  each  other  to  keep  his  own  lead,  and 
made  holy  any  of  their  misdeeds  which  were  not 
directed  against  himself. 

The  early  months  of  1846  witnessed  a  third 
Mormon  exodus.  Driven  out  of  Illinois,  these 
Latter-day  Saints  crossed  the  Mississippi  in  or- 
ganized bands,  with  Council  Bluffs  as  their  first 


THE  MORMONS  89 

objective.  Through  the  winter  and  spring  some 
fifteen  thousand  Mormons  with  three  thousand 
wagons  found  their  way  from  camp  to  camp, 
through  snow,  ice,  and  mud,  over  the  weary  stretch 
of  four  hundred  miles  to  the  banks  of  the  Missouri. 
The  epic  of  this  westward  migration  is  almost 
biblical.  Hardship  brought  out  the  heroic  in 
many  characters.  Like  true  American  pioneers, 
they  adapted  themselves  to  circumstances  with 
fortitude  and  skill.  Linn  says:  "When  a  halt 
occurred,  a  shoemaker  might  be  seen  looking  for  a 
stone  to  serve  as  a  lap-stone  in  his  repair  work, 
or  a  gunsmith  mending  a  rifle,  or  a  weaver  at  a 
wheel  or  loom.  The  women  learned  that  the 
jolting  wagons  would  churn  their  milk,  and  when 
a  halt  occurred  it  took  them  but  a  short  time  to 
heat  an  oven  hollowed  out  of  the  hillside,  in  which 
to  bake  the  bread  already  raised. "  Colonel  Kane 
says  that  he  saw  a  piece  of  cloth,  the  wool  for 
which  was  sheared,  dyed,  spun,  and  woven,  during 
the  march. 

After  a  winter  of  sickness  and  deprivation  in 
camps  along  "Misery  Bottom,"  as  they  called  the 
river  flats,  during  which  malaria  carried  off  hun- 
dreds, Brigham  Young  set  out  with  a  pioneer  band 
of  a  hundred  and  fifty  to  find  a  new  Zion.  Toward 


90  THE  FORTY-NINERS 

the  end  of  July,  this  expedition  by  design  or  chance 
entered  Salt  Lake  Valley.  At  sight  of  the  lake 
glistening  in  the  sun,  "Each  of  us,"  wrote  one  of 
the  party,  "without  saying  a  word  to  the  other, 
instinctively,  as  if  by  inspiration,  raised  our  hats 
from  our  heads,  and  then,  swinging  our  hats, 
shouted,  'Hosannah  to  God  and  the  Lamb!" 

Meantime  the  first  emigration  from  winter 
quarters  was  under  way,  and  in  the  following 
spring  Young  conducted  a  train  of  eight  hundred 
wagons  across  the  plains  to  the  great  valley  where 
a  city  of  adobe  and  log  houses  was  already  building. 
The  new  city  was  laid  off  into  numbered  lots. 
The  Presidency  had  charge  of  the  distribution  of 
these  lots.  You  may  be  sure  they  did  not  reserve 
the  worst  for  their  use,  nor  did  they  place  about 
themselves  undesirable  neighbors.  Immediately 
after  the  assignments  had  been  made,  various 
people  began  at  once  to  speculate  in  buying  and 
selling  according  to  the  location.  The  spiritual 
power  immediately  anathematized  this.  No  one 
was  permitted  to  trade  over  property.  Any  sales 
were  made  on  a  basis  of  the  first  cost  plus  the  value 
of  the  improvement.  A  community  admirable  in 
almost  every  way  was  improvised  as  though  by 
magic.  Among  themselves  the  Mormons  were 


THE  MORMONS  91 

sober,  industrious,  God-fearing,  peaceful.  Their 
difficulties  with  the  nation  were  yet  to  come. 

Throughout  the  year,  1848,  the  weather  was 
propitious  for  ploughing  and  sowing.  Before  the 
crops  could  be  gathered,  however,  provisions  ran 
so  low  that  the  large  community  was  in  actual 
danger  of  starvation.  Men  were  reduced  to  eating 
skins  of  slaughtered  animals,  the  raw  hides  from 
the  roofs  of  houses,  and  even  a  wild  root  dug  by 
the  miserable  Ute  Indians.  To  cap  the  climax, 
when  finally  the  crops  ripened,  they  were  attacked 
by  an  army  of  crickets  that  threatened  to  destroy 
them  utterly.  Prayers  of  desperation  were  mir- 
aculously answered  by  a  flight  of  white  sea-gulls 
that  destroyed  the  invader  and  saved  the  crop. 
Since  then  this  miracle  has  been  many  times 
repeated. 

It  was  in  August,  1849,  that  the  first  gold  rush 
began.  Some  of  Brannan's  company  from  Cali- 
fornia had  already  arrived  with  samples  of  gold- 
dust.  Brigham  Young  was  too  shrewd  not  to 
discourage  all  mining  desires  on  the  part  of  his 
people,  and  he  managed  to  hold  them.  The 
Mormons  never  did  indulge  in  gold-mining.  But 
the  samples  served  to  inflame  the  ardor  of  the  im- 
migrants from  the  east.  Their  one  desire  at  once 


92  THE  FORTY-NINERS 

became  to  lighten  their  loads  so  that  they  could 
get  to  the  diggings  in  the  shortest  possible  time. 
Then  the  Mormons  began  to  reap  their  harvest. 
Animals  worth  only  twenty-five  or  thirty  dollars 
would  bring  two  hundred  dollars  in  exchange  for 
goods  brought  in  by  the  travelers.  For  a  light 
wagon  the  immigrants  did  not  hesitate  to  offer 
three  or  four  heavy  ones,  and  sometimes  a  yoke  of 
oxen  to  boot.  Such  very  desirable  things  to  a  new 
community  as  sheeting,  or  spades  and  shovels, 
since  the  miners  were  overstocked,  could  be  had 
for  almost  nothing.  Indeed,  everything,  except 
coffee  and  sugar,  was  about  half  the  wholesale 
rate  in  the  East.  The  profit  to  the  Mormons  from 
this  migration  was  even  greater  in  1850.  The 
gold-seeker  sometimes  paid  as  high  as  a  dollar  a 
pound  for  flour;  and,  conversely,  as  many  of  the 
wayfarers  started  out  with  heavy  loads  of  mining 
machinery  and  miscellaneous  goods,  as  is  the  habit 
of  the  tenderfoot  camper  even  unto  this  day,  they 
had  to  sell  at  the  buyers'  prices.  Some  of  the  enter- 
prising miners  had  even  brought  large  amounts  of 
goods  for  sale  at  a  hoped-for  profit  in  California. 
At  Salt  Lake  City,  however,  the  information  was 
industriously  circulated  that  shiploads  of  similar 
merchandise  were  on  their  way  round  the  Horn, 


THE  MORMONS  93 

and  consequently  the  would-be  traders  often  sacri- 
ficed their  own  stock. x 

This  friendly  condition  could  not,  of  course,  long 
obtain.  Brigham  Young's  policy  of  segregation  was 
absolutely  opposed  to  permanent  friendly  relations. 
The  immigrants  on  the  other  hand  were  violently 
prejudiced  against  the  Mormon  faith.  The  valley 
of  the  Salt  Lake  seemed  to  be  just  the  psycho- 
logical point  for  the  breaking  up  into  fragments  of 
the  larger  companies  that  had  crossed  the  plains. 
The  division  of  property  on  these  separations  some- 
times involved  a  considerable  amount  of  difficulty. 
The  disputants  often  applied  to  the  Mormon  courts 
for  decision.  Somebody  was  sure  to  become  dis- 
satisfied and  to  accuse  the  courts  of  undue  influ- 
ence. Rebellion  against  the  decision  brought  upon 
them  the  full  force  of  civil  power.  For  contempt  of 
court  they  were  most  severely  fined.  The  fields 
of  the  Mormons  were  imperfectly  fenced;  the  cattle 
of  the  immigrants  were  very  numerous.  Trespass 
cases  brought  heavy  remuneration,  the  value 
being  so  much  greater  for  damages  than  in  the 
States  that  it  often  looked  to  the  stranger  like  an 
injustice.  A  protest  would  be  taken  before  a 
bishop  who  charged  costs  for  his  decision.  An 

1  Linn,  The  Story  of  the  Mormons,  406. 


94  THE  FORTY-NINERS 

unreasonable  prejudice  against  the  Mormons  often 
arose  from  these  causes.  On  the  other  hand  there 
is  no  doubt  that  the  immigrants  often  had  right  on 
their  side.  Not  only  were  the  Mormons  human 
beings,  with  the  usual  qualities  of  love  of  gain  and 
desire  to  take  advantage  of  their  situation;  but, 
further,  they  belonged  to  a  sect  that  fostered  the 
belief  that  they  were  superior  to  the  rest  of  man- 
kind, and  that  it  was  actually  meritorious  to  "spoil 
the  Philistines. " 

Many  gold-diggers  who  started  out  with  a  com- 
plete outfit  finished  their  journey  almost  on  foot. 
Some  five  hundred  of  these  people  got  together 
later  in  California  and  compared  notes.  Finally 
they  drew  up  a  series  of  affidavits  to  be  sent 
back  home.  A  petition  was  presented  to  Congress 
charging  that  many  immigrants  had  been  murdered 
by  the  Mormons;  that,  when  members  of  the  Mor- 
mon community  became  dissatisfied  and  tried  to 
leave,  they  were  subdued  and  killed ;  that  a  two  per 
cent  tax  on  the  property  was  levied  on  those  im- 
migrants compelled  to  stay  through  the  winter; 
that  justice  was  impossible  to  obtain  in  the  Mor- 
mon courts;  that  immigrants'  mail  was  opened  and 
destroyed;  and  that  all  Mormons  were  at  best 
treasonable  in  sentiment.  Later  the  breach  be- 


THE  MORMONS  95 

tween  the  Mormons  and  the  Americans  became 
more  marked,  until  it  culminated  in  the  atrocious 
Mountain  Meadows  massacre,  which  was  probably 
only  one  of  several  similar  but  lesser  occurrences. 
These  things,  however,  are  outside  of  our  scope, 
as  they  occurred  later  in  history.  For  the  moment, 
it  is  only  necessary  to  note  that  it  was  extremely 
fortunate  for  the  gold  immigrants,  not  only  that 
the  half-way  station  had  been  established  by  the 
Mormons,  but  also  that  the  necessities  of  the 
latter  forced  them  to  adopt  a  friendly  policy.  By 
the  time  open  enmity  had  come,  the  first  of  the 
rush  had  passed  and  other  routes  had  been  well 
established. 


CHAPTER  VII 

THE   WAY   BY   PANAMA 

OF  the  three  roads  to  California  that  by  Panama 
was  the  most  obvious,  the  shortest,  and  therefore 
the  most  crowded.  It  was  likewise  the  most  ex- 
pensive. To  the  casual  eye  this  route  was  also  the 
easiest.  You  got  on  a  ship  in  New  York,  you  dis- 
embarked for  a  very  short  land  journey,  you  re- 
embarked  on  another  ship,  and  landed  at  San 
Francisco.  This  route  therefore  attracted  the 
more  unstable  elements  of  society.  The  journey 
by  the  plains  took  a  certain  grim  determination 
and  courage;  that  by  Cape  Horn,  a  slow  and 
persistent  patience. 

The  route  by  the  Isthmus,  on  the  other  hand, 
allured  the  impatient,  the  reckless,  and  those  who 
were  unaccustomed  to  and  undesirous  of  hard- 
ships. Most  of  the  gamblers  and  speculators, 
for  example,  as  well  as  the  cheaper  politicians, 
went  by  Panama. 

96 


THE  WAY  BY  PANAMA  97 

In  October,  1848,  the  first  steamship  of  the 
Pacific  Steamship  Company  began  her  voyage 
from  New  York  to  Panama  and  San  Francisco, 
and  reached  her  destination  toward  the  end  of 
February.  On  the  Atlantic  every  old  tub  that 
could  be  made  to  float  so  far  was  pressed  into 
service.  Naturally  there  were  many  more  vessels 
on  the  Atlantic  side  than  on  the  Pacific  side,  and 
the  greatest  congestion  took  place  at  Panama. 
Every  man  was  promised  by  the  shipping  agent 
a  through  passage,  but  the  shipping  agent  was 
careful  to  remain  in  New  York. 

The  overcrowded  ships  were  picturesque  though 
uncomfortable.  They  were  crowded  to  the  guards 
with  as  miscellaneous  a  lot  of  passengers  as  were 
ever  got  together.  It  must  be  remembered  that 
they  were  mostly  young  men  in  the  full  vigor  of 
youth  and  thoroughly  imbued  with  the  adventur- 
ous spirit.  It  must  be  remembered  again,  if  the 
reader  can  think  back  so  far  in  his  own  experience, 
that  youth  of  that  age  loves  to  deck  itself  out  both 
physically  and  mentally  in  the  trappings  of  ro- 
mance. Almost  every  man  wore  a  red  shirt,  a  slouch 
hat,  a  repeating  pistol,  and  a  bowie  knife;  and  most 
of  them  began  at  once  to  grow  beards.  They  came 
from  all  parts  of  the  country.  The  lank  Maine 


98  THE  FORTY-NINERS 

Yankee  elbowed  the  tall,  sallow,  black-haired 
Southerner.  Social  distinctions  soon  fell  away 
and  were  forgotten.  No  one  could  tell  by  speech, 
manners,  or  dress  whether  a  man's  former  status 
was  lawyer,  physician,  or  roustabout.  The  days 
were  spent  in  excited  discussions  of  matters  per- 
taining to  the  new  country  and  the  theory  and 
practice  of  gold-mining.  Only  two  things  were 
said  to  be  capable  of  breaking  in  on  this  inter- 
minable palaver.  One  was  dolphins  and  the  other 
the  meal-gong.  When  dolphins  appeared,  each 
passenger  promptly  rushed  to  the  side  of  the  ship 
and  discharged  his  revolver  in  a  fusillade  that  was 
usually  harmless.  Meal  time  always  caught  the 
majority  unawares.  They  tumbled  and  jostled 
down  the  companionway  only  to  find  that  the  wise 
and  forethoughtful  had  preempted  every  chair. 
There  was  very  little  quarreling.  A  holiday  spirit 
seemed  to  pervade  the  crowd.  Everybody  was  more 
or  less  elevated  in  mood  and  everybody  was  imbued 
with  the  same  spirit  of  comradeship  in  adventure. 
But  with  the  sight  of  shore,  the  low  beach,  and 
the  round  high  bluffs  with  the  castle  atop  that 
meant  Chagres,  this  comradeship  rather  fell 
apart.  Soon  a  landing  was  to  be  made  and 
transportation  across  the  Isthmus  had  to  be  ob- 


THE  WAY  BY  PANAMA  99 

tained.  Men  at  once  became  rivals  for  prompt 
service.  Here,  for  the  first  time,  the  owners  of  the 
weird  mining-machines  already  described  found 
themselves  at  a  disadvantage,  while  those  who 
carried  merely  the  pick,  shovel,  and  small  personal 
equipment  were  enabled  to  make  a  flying  start. 
On  the  beach  there  was  invariably  an  immense 
wrangle  over  the  hiring  of  boats  to  go  up  the  river. 
These  were  a  sort  of  dug-out  with  small  decks  in 
the  bow  and  in  the  stern,  and  with  low  roofs  of 
palmetto  leaves  amidships.  The  fare  to  Cruces 
was  about  fifteen  dollars  a  man.  Nobody  was 
in  a  hurry  but  the  Americans. 

Chagres  was  a  collection  of  cane  huts  on  level 
ground,  with  a  swamp  at  the  back.  Men  and 
women  clad  in  a  single  cotton  garment  lay  about 
smoking  cigars.  Naked  and  pot-bellied  children 
played  in  the  mud.  On  the  threshold  of  the  doors, 
in  the  huts,  fish,  bullock  heads,  hides,  and  carrion 
were  strewn,  all  in  a  state  of  decomposition,  while 
in  the  rear  was  the  jungle  and  a  lake  of  stagnant 
water  with  a  delicate  bordering  of  greasy  blue  mud. 
There  was  but  one  hotel,  called  the  Crescent  City, 
which  boasted  of  no  floor  and  no  food.  The  new- 
comers who  were  unsupplied  with  provisions  had 
to  eat  what  they  could  pick  up.  Unlearned  as  yet 


100  THE  FORTY-NINERS 

in  tropical  ways,  they  wasted  a  tremendous  lot  of 
nervous  energy  in  trying  to  get  the  natives  started. 
The  natives,  calm  in  the  consciousness  that  there 
was  plenty  of  demand,  refused  to  be  hurried. 
Many  of  the  travelers,  thinking  that  they  had 
closed  a  bargain,  returned  from  sightseeing  only 
to  find  their  boat  had  disappeared.  The  only  safe 
way  was  to  sit  in  the  canoe  until  it  actually  started. 

With  luck  they  got  off  late  in  the  afternoon,  and 
made  ten  or  twelve  miles  to  Gatun.  The  journey 
up  the  lazy  tropical  river  was  exciting  and  inter- 
esting. The  boatmen  sang,  the  tropic  forests  came 
down  to  the  banks  with  their  lilies,  shrubs,  man- 
goes, cocos,  sycamores,  palms;  their  crimson, 
purple,  and  yellow  blossoms;  their  bananas  with 
torn  leaves;  their  butterflies  and  paroquets;  their 
streamers  and  vines  and  scarlet  flowers.  It  was 
like  a  vision  of  fairyland. 

Gatun  was  a  collection  of  bamboo  huts,  in- 
habited mainly  by  fleas.  One  traveler  tells  of 
attempting  to  write  in  his  journal,  and  finding 
the  page  covered  with  fleas  before  he  had  inscribed 
a  dozen  words.  The  gold  seekers  slept  in  ham- 
mocks, suspended  at  such  a  height  that  the  native 
dogs  found  them  most  convenient  back-scratchers. 
The  fleas  were  not  inactive.  On  all  sides  the  na- 


THE  WAY  BY  PANAMA  101 

lives  drank,  sang,  and  played  monte.  It  generally 
rained  at  night,  and  the  flimsy  huts  did  little  to 
keep  out  the  wet.  Such  things  went  far  to  take 
away  the  first  enthusiasm  and  to  leave  the  travel- 
ers in  rather  a  sad  and  weary -eyed  state. 

By  the  third  day  the  river  narrowed  and  became 
swifter.  With  luck  the  voyagers  reached  Gor- 
gona  on  a  high  bluff.  This  was  usually  the  end 
of  the  river  journey.  Most  people  bargained  for 
Cruces  six  miles  beyond,  but  on  arrival  decided 
that  the  Gorgona  trail  would  be  less  crowded,  and 
with  unanimity  went  ashore  there.  Here  the  bar- 
gaining had  to  be  started  all  over  again,  this  time 
for  mules.  Here  also  the  demand  far  exceeded 
the  supply,  with  the  usual  result  of  arrogance, 
indifference,  and  high  prices.  The  difficult  ride 
led  at  first  through  a  dark  deep  wood  in  clay  soil 
that  held  water  in  every  depression,  seamed  with 
steep  eroded  ravines  and  diversified  by  low  passes 
over  projecting  spurs  of  a  chain  of  mountains. 
There  the  monkeys  and  parrots  furnished  the 
tropical  atmosphere,  assisted  somewhat  by  in- 
numerable dead  mules  along  the  trail.  Vultures 
sat  in  every  tree  waiting  for  more  things  to  happen. 
The  trail  was  of  the  consistency  of  very  thick  mud. 
In  this  mud  the  first  mule  had  naturally  left  his 


102  THE  FORTY-NINERS 

tracks;  the  next  mules  trod  carefully  in  the  first 
mule's  footprints,  and  all  subsequent  mules  did 
likewise.  The  consequence  was  a  succession  of 
narrow  deep  holes  in  the  clay  into  which  an  animal 
sank  half-way  to  the  shoulder.  No  power  was 
sufficient  to  make  these  mules  step  anywhere  else. 
Each  hole  was  full  of  muddy  water.  When  the 
mule  inserted  his  hoof,  water  spurted  out  violently 
as  though  from  a  squirt-gun.  Walking  was  simply 
impossible. 

All  this  was  merely  adventure  for  the  young, 
strong,  and  healthy;  but  the  terrible  part  of  the 
Panama  Trail  was  the  number  of  victims  claimed 
by  cholera  and  fever.  The  climate  and  the  un- 
wonted labor  brought  to  the  point  of  exhaustion 
men  unaccustomed  to  such  exertions.  They  lay 
flat  by  the  trail  as  though  dead.  Many  actually 
did  die  either  from  the  jungle  fever  or  the  yellow- 
jack.  The  universal  testimony  of  the  times  is 
that  this  horseback  journey  seemed  interminable; 
and  many  speak  of  being  immensely  cheered  when 
their  Indian  stopped,  washed  his  feet  in  a  wayside 
mudhole,  and  put  on  his  pantaloons.  That  in- 
dicated the  proximity,  at  last,  of  the  city  of 
Panama. 

It   was    a    quaint    old    place.     The    two-story 


THE  WAY  BY  PANAMA  103 

wooden  houses  with  corridor  and  verandah  across 
the  face  of  the  second  story,  painted  in  bright  colors, 
leaned  crazily  out  across  the  streets.  Narrow  and 
mysterious  alleys  led  between  them.  Ancient 
cathedrals  and  churches  stood  gray  with  age  before 
the  grass-grown  plazas.  In  the  outskirts  were 
massive  masonry  ruins  of  great  buildings,  convents, 
and  colleges,  some  of  which  had  never  been  finished. 
The  immense  blocks  lay  about  the  ground  in  con- 
fusion, covered  by  thousands  of  little  plants,  or 
soared  against  the  sky  in  broken  arches  and  cor- 
ridors. But  in  the  body  of  the  town,  the  old 
picturesque  houses  had  taken  on  a  new  and  tempor- 
ary smartness  which  consisted  mostly  of  canvas 
signs.  The  main  street  was  composed  of  hotels, 
eating-houses,  and  assorted  hells.  At  times  over  a 
thousand  men  were  there  awaiting  transportation. 
Some  of  them  had  been  waiting  a  long  time,  and 
had  used  up  all  their  money.  They  were  broke 
and  desperate.  A  number  of  American  gambling- 
houses  were  doing  business,  and  of  course  the 
saloons  were  much  in  evidence.  Foreigners  kept 
two  of  the  three  hotels;  Americans  ran  the  gam- 
bling joints;  French  and  Germans  kept  the  restaur- 
ants. The  natives  were  content  to  be  interested 
but  not  entirely  idle  spectators.  There  was  a 


104  THE  FORTY-NINERS 

terrible  amount  of  sickness  aggravated  by  Ameri- 
can quack  remedies.  Men  rejoiced  or  despaired 
according  to  their  dispositions.  Every  once  in  a 
while  a  train  of  gold  bullion  would  start  back  across 
the  Isthmus  with  mule-loads  of  huge  gold  bars,  so 
heavy  that  they  were  safe,  for  no  one  could  carry 
them  off  to  the  jungle.  On  the  other  hand  there 
were  some  returning  Californians,  drunken  and 
wretched.  They  delighted  in  telling  with  grim  joy 
of  the  disappointments  of  the  diggings.  But  prob- 
ably the  only  people  thoroughly  unhappy  were  the 
steamship  officials.  These  men  had  to  bear  the 
brunt  of  disappointment,  broken  promises,  and 
savage  recrimination,  if  means  for  going  north 
were  not  very  soon  forthcoming.  Every  once  in  a 
while  some  ship,  probably  an  old  tub,  would  come 
wallowing  to  anchor  at  the  nearest  point,  some 
eleven  miles  from  the  city.  Then  the  raid  for 
transportation  took  place  all  over  again.  There 
was  a  limited  number  of  small  boats  for  carrying 
purposes;  and  these  were  pounced  on  at  once  by 
ten  times  the  number  they  could  accommodate. 
Ships  went  north  scandalously  overcrowded  and 
underprovisioned.  Mutinies  were  not  infrequent. 
It  took  a  good  captain  to  satisfy  everybody,  and 
there  were  many  bad  ones.  Some  men  got  so  des- 


THE  WAY  BY  PANAMA  105 

perate  that,  with  a  touching  ignorance  of  geogra- 
phy, they  actually  started  out  in  small  boats  to 
row  to  the  north.  Others  attempted  the  overland 
route.  It  may  well  be  believed  that  the  reaction 
from  all  this  disappointment  and  delay  lifted  the 
hearts  of  these  argonauts  when  they  eventually 
sailed  between  the  Golden  Gates. 

,This  confusion,  of  course,  was  worse  at  the  be- 
ginning. Later  the  journey  was  to  some  extent 
systematized.  The  Panama  route  subsequently 
became  the  usual  and  fashionable  way  to  travel. 
The  ship  companies  learned  how  to  handle  and 
treat  their  patrons.  In  fact,  it  was  said  that  every 
jewelry  shop  in  San  Francisco  carried  a  large  stock 
of  fancy  silver  speaking-trumpets  because  of  the 
almost  invariable  habit  of  presenting  one  of 
these  to  the  captain  of  the  ship  by  his  grateful 
passengers.  One  captain  swore  that  he  possessed 
eighteen  of  them! 


CHAPTER  VIII 

THE    DIGGINGS 

i 

THE  two  streams  of  immigrants,  by  sea  and  over- 
land, thus  differed,  on  the  average,  in  kind.  They 
also  landed  in  the  country  at  different  points.  The 
overlanders  were  generally  absorbed  before  they 
reached  San  Francisco.  They  arrived  first  at 
Fort  Sutter,  whence  they  distributed  themselves; 
or  perhaps  they  even  stopped  at  one  or  another  of 
the  diggings  on  their  way  in. 

Of  those  coming  by  sea  all  landed  at  San  Fran- 
cisco. A  certain  proportion  of  the  younger  and 
more  enthusiastic  set  out  for  the  mines,  but  only 
after  a  few  days  had  given  them  experience  of  the 
new  city  and  had  impressed  them  with  at  least  a 
subconscious  idea  of  opportunity.  Another  cer- 
tain proportion,  however,  remained  in  San  Fran- 
cisco without  attempting  the  mines.  These  were 
either  men  who  were  discouraged  by  pessimistic 
tales,  men  who  had  sickened  of  the  fever,  or  more 

106 


THE  DIGGINGS  107 

often  men  who  were  attracted  by  the  big  oppor- 
tunities for  wealth  which  the  city  then  afforded. 
Thus  at  once  we  have  two  different  types  to  con- 
sider, the  miner  and  the  San  Franciscan. 

The  mines  were  worked  mostly  by  young  men. 
They  journeyed  up  to  the  present  Sacramento 
either  by  river-boats  or  afoot.  Thence  they  took 
their  outfits  into  the  diggings.  It  must  have 
seemed  a  good  deal  like  a  picnic.  The  goal  was 
near;  rosy  hope  had  expanded  to  fill  the  horizon; 
breathless  anticipation  pervaded  them — a  good  deal 
like  a  hunting-party  starting  off  in  the  freshness 
of  the  dawn. 

The  diggings  were  generally  found  at  the  bottoms 
of  the  deep  river-beds  and  ravines.  Since  trails, 
in  order  to  avoid  freshets  and  too  many  crossings 
of  the  water-courses,  took  the  higher  shoulder 
of  the  hill,  the  newcomer  ordinarily  looked  down 
upon  his  first  glimpse  of  the  mines.  The  sight 
must  have  been  busy  and  animated.  The  miners 
dressed  in  bright-colored  garments,  and  dug  them- 
selves in  only  to  the  waist  or  at  most  to  the 
shoulders  before  striking  bed  rock,  so  that  they 
were  visible  as  spots  of  gaudy  color.  The  camps 
were  placed  on  the  hillsides  or  little  open  flats,  and 
occasionally  were  set  in  the  bed  of  a  river-  They 


108  THE  FORTY-NINERS 

were  composed  of  tents,  and  of  rough  log  or  bark 
structures. 

The  newcomers  did  not  spend  much  time  in 
establishing  themselves  comfortably  or  luxuriously. 
They  were  altogether  too  eager  to  get  at  the  actual 
digging.  There  was  an  immense  excitement  of 
the  gamble  in  it  all.  A  man  might  dig  for  days 
without  adequate  results  and  then  of  a  sudden 
run  into  a  rich  pocket.  Or  he  might  pan  out  an 
immense  sum  within  the  first  ten  minutes  of  strik- 
ing his  pick  to  earth.  No  one  could  tell.  The 
fact  that  the  average  of  all  the  days  and  all  the 
men  amounted  to  very  little  more  than  living  wages 
was  quite  lost  to  sight.  At  first  the  methods 
were  very  crude.  One  man  held  a  coarse  screen 
of  willow  branches  which  he  shook  continuously 
above  an  ordinary  cooking  pot,  while  his  partner 
slowly  shovelled  earth  over  this  impromptu  sieve. 
When  the  pots  were  filled  with  siftings,  they  were 
carried  to  the  river,  where  they  were  carefully  sub- 
merged, and  the  contents  were  stirred  about  with 
sticks.  The  light  earth  was  thus  flowed  over  the 
rims  of  the  pots.  The  residue  was  then  dried,  and 
the  lighter  sand  was  blown  away.  The  result  was 
gold,  though  of  course  with  a  strong  mixture  of 
foreign  substance.  The  pan  miners  soon  followed; 


THE  DIGGINGS  109 

and  the  cradle  or  rocker  with  its  riffle-board  was 
not  long  delayed.  The  digging  was  free.  At  first 
it  was  supposed  that  a  new  holding  should  not  be 
started  within  fifteen  feet  of  one  already  in  oper- 
ation. Later,  claims  of  a  definite  size  were 
established.  A  camp,  however,  made  its  own  laws 
in  regard  to  this  and  other  matters. 

Most  of  the  would-be  miners  at  first  rather 
expected  to  find  gold  lying  on  the  surface  of  the 
earth,  and  were  very  much  disappointed  to  learn 
that  they  actually  had  to  dig  for  it.  Moreover, 
digging  in  the  boulders  and  gravel,  under  the 
terrific  heat  of  the  California  sun  in  midsummer, 
was  none  too  easy;  and  no  matter  how  rich  the 
diggings  averaged  —  short  of  an  actual  bonanza  — 
the  miner  was  disappointed  in  his  expectations. 
One  man  is  reported  saying:  "They  tell  me  I  can 
easily  make  there  eleven  hundred  dollars  a  day. 
You  know  I  am  not  easily  moved  by  such  reports. 
I  shall  be  satisfied  if  I  make  three  hundred  dollars 
per  day. "  Travelers  of  the  time  comment  on  the 
contrast  between  the  returning  stream  of  dis- 
couraged and  disgruntled  men  and  the  cheerfulness 
of  the  lot  actually  digging.  Nobody  had  any 
scientific  system  to  go  on.  Often  a  divining-rod 
was  employed  to  determine  where  to  dig.  Many 


110  THE  FORTY-NINERS 

stories  were  current  of  accidental  finds;  as  when 
one  man,  tiring  of  waiting  for  his  dog  to  get  through 
digging  out  a  ground  squirrel,  pulled  the  animal 
out  by  the  tail,  and  with  it  a  large  nugget.  An- 
other story  is  told  of  a  sailor  who  asked  some 
miners  resting  at  noon  where  he  could  dig  and  as  a 
joke  was  directed  to  a  most  improbable  side  hill. 
He  obeyed  the  advice,  and  uncovered  a  rich 
pocket.  With  such  things  actually  happening, 
naturally  it  followed  that  every  report  of  a  real  or 
rumored  strike  set  the  miners  crazy.  Even  those 
who  had  good  claims  always  suspected  that 
they  might  do  better  elsewhere.  It  is  significant 
that  the  miners  of  that  day,  like  hunters,  always 
had  the  notion  that  they  had  come  out  to  Cali- 
fornia just  one  trip  too  late  for  the  best  pickings. 
The  physical  life  was  very  hard,  and  it  is  no 
wonder  that  the  stragglers  back  from  the  mines 
increased  in  numbers  as  time  went  on.  It  was  a 
true  case  of  survival  of  the  fittest.  Those  who 
remained  and  became  professional  miners  were  the 
hardiest,  most  optimistic,  and  most  persistent  of 
the  population.  The  mere  physical  labor  was 
very  severe.  Any  one  not  raised  as  a  day  laborer 
who  has  tried  to  do  a  hard  day's  work  in  a  new 
garden  can  understand  what  pick  and  shovel 


THE  DIGGINGS  111 

digging  in  the  bottoms  of  gravel  and  boulder 
streams  can  mean.  Add  to  this  the  fact  that  every 
man  overworked  himself  under  the  pressure  of 
excitement;  that  he  was  up  to  his  waist  in  the  cold 
water  from  the  Sierra  snows,  with  his  head  exposed 
at  the  same  time  to  the  tremendous  heat  of  the 
California  sun;  throw  in  for  good  measure  that  he 
generally  cooked  for  himself,  and  that  his  food 
was  coarse  and  badly  prepared;  and  that  in  his 
own  mind  he  had  no  time  to  attend  to  the  ordinary 
comforts  and  decencies  of  life.  It  can  well  be 
imagined  that  a  man  physically  unfit  must  soon 
succumb.  But  those  who  survived  seemed  to 
thrive  on  these  hardships. 

California  camps  by  their  very  quaint  and 
whimsical  names  bear  testimony  to  the  over- 
flowing good  humor  and  high  spirits  of  the  early 
miners.  No  one  took  anything  too  seriously,  not 
even  his  own  success  or  failure.  The  very  hard- 
ness of  the  life  cultivated  an  ability  to  snatch 
joy  from  the  smallest  incident.  Some  of  the 
joking  was  a  little  rough,  as  when  some  merry 
jester  poured  alcohol  over  a  bully's  head,  touched 
a  match  to  it,  and  chased  him  out  of  camp  yelling, 
"Man  on  fire  —  put  him  out!"  It  is  evident 
that  the  time  was  not  one  for  men  of  very  refined 


112  THE  FORTY-NINERS 

or  sensitive  nature,  unless  they  possessed  at 
bottom  the  strong  iron  of  character.  The  ill- 
balanced  were  swept  away  by  the  current  of  excite- 
ment, and  fell  readily  into  dissipation.  The 
pleasures  were  rude;  the  life  was  hearty;  vices 
unknown  to  their  possessors  came  to  the  surface. 
The  most  significant  tendency,  and  one  that  had 
much  to  do  with  later  social  and  political  life  in 
California,  was  the  leveling  effect  of  just  this  hard 
physical  labor.  The  man  with  a  strong  back  and 
the  most  persistent  spirit  was  the  superior  of  the 
man  with  education  but  with  weaker  muscles. 
Each  man,  finding  every  other  man  compelled  to 
labor,  was  on  a  social  equality  with  the  best.  The 
usual  superiority  of  head-workers  over  hand-work- 
ers disappeared.  The  low-grade  man  thus  felt 
himself  the  equal,  if  not  the  superior,  of  any  one 
else  on  earth,  especially  as  he  was  generally  able  to 
put  his  hand  on  what  were  to  him  comparative 
riches.  The  pride  of  employment  disappeared 
completely.  It  was  just  as  honorable  to  be  a  cook 
or  a  waiter  in  a  restaurant  as  to  dispense  the  law, 
—  where  there  was  any.  The  period  was  brief,  but 
while  it  lasted,  it  produced  a  true  social  democ- 
racy. Nor  was  there  any  pretense  about  it.  The 
rudest  miner  was  on  a  plane  of  perfect  equality 


THE  DIGGINGS  113 

with  lawyers,  merchants,  or  professional  men. 
Some  men  dressed  in  the  very  height  of  style, 
decking  themselves  out  with  all  the  minute  care 
of  a  dandy;  others  were  not  ashamed  of,  nor  did 
they  object  to  being  seen  in,  ragged  garments. 
No  man  could  be  told  by  his  dress. 

The  great  day  of  days  in  a  mining-camp  was 
Sunday.  Some  over-enthusiastic  fortune-seekers 
worked  the  diggings  also  on  that  day;  but  by 
general  consent  —  uninfluenced,  it  may  be  re- 
marked, by  religious  considerations  —  the  miners 
repaired  to  their  little  town  for  amusement  and 
relaxation.  These  little  towns  were  almost  all 
alike.  There  were  usually  two  or  three  combined 
hotels,  saloons,  and  gambling-houses,  built  of  logs, 
of  slabs,  of  canvas,  or  of  a  combination  of  the 
three.  There  was  one  store  that  dispensed 
whiskey  as  well  as  dryer  goods,  and  one  or  two 
large  places  of  amusement.  On  Sunday  every- 
thing went  full  blast.  The  streets  were  crowded 
with  men;  the  saloons  were  well  patronized;  the 
gambling  games  ran  all  day  and  late  into  the  night. 
Wrestling-matches,  jumping-matches,  other  ath- 
letic tests,  horse-races,  lotteries,  fortune-telling, 
singing,  anything  to  get  a  pinch  or  two  of  the  dust 
out  of  the  good-natured  miners  —  all  these  were 

8 


114  THE  FORTY-NINERS 

going  strong.  The  American,  English,  and  other 
continentals  mingled  freely,  with  the  exception 
of  the  French,  who  kept  to  themselves.  Success- 
ful Germans  or  Hollanders  of  the  more  stupid 
class  ran  so  true  to  type  and  were  so  numerous 
that  they  earned  the  generic  name  of  "Dutch 
Charley."  They  have  been  described  as  moon- 
faced, bland,  bullet-headed  men,  with  walrus  mous- 
taches, and  fatuous,  placid  smiles.  Value  meant 
nothing  to  them.  They  only  knew  the  difference 
between  having  money  and  having  no  money. 
They  carried  two  or  three  gold  watches  at  the  end 
of  long  home-made  chains  of  gold  nuggets  fastened 
together  with  links  of  copper  wire.  The  chains 
were  sometimes  looped  about  their  necks,  their 
shoulders,  and  waists,  and  even  hung  down  in  long 
festoons.  When  two  or  three  such  Dutch  Charleys 
inhabited  one  camp,  they  became  deadly  rivals 
in  this  childlike  display,  parading  slowly  up  and 
down  the  street,  casting  malevolent  glances  at  each 
other  as  they  passed.  Shoals  of  phrenologists, 
fortune-tellers,  and  the  like,  generally  drunken 
old  reprobates  on  their  last  legs,  plied  their  trades. 
One  artist,  giving  out  under  the  physical  labor 
of  mining,  built  up  a  remarkably  profitable  trade 
in  sketching  portraits.  Incidentally  he  had  to  pay 


THE  DIGGINGS  115 

two  dollars  and  a  half  for  every  piece  of  paper! 
John  Kelly,  a  wandering  minstrel  with  a  violin, 
became  celebrated  among  the  camps,  and  was 
greeted  with  enthusiasm  wherever  he  appeared. 
He  probably  made  more  with  his  fiddle  than  he 
could  have  made  with  his  shovel.  The  influence 
of  the  "forty-two  caliber  whiskey"  wras  dire,  and 
towards  the  end  of  Sunday  the  sports  became 
pretty  rough. 

This  day  was  also  considered  the  time  for  the 
trial  of  any  cases  that  had  arisen  during  the  week. 
The  miners  elected  one  of  their  number  to  act  as 
presiding  judge  in  a  "miners'  meeting."  Justice 
was  dealt  out  by  this  man,  either  on  his  own 
authority  with  the  approval  of  the  crowd,  or  by 
popular  vote.  Disputes  about  property  were  ad- 
judicated as  well  as  offenses  against  the  criminal 
code.  Thus  a  body  of  precedent  was  slowly  built 
up.  A  new  case  before  the  alcalde  of  Hangtown 
was  often  decided  on  the  basis  of  the  procedure  at 
Grub  Gulch.  The  decisions  were  characterized 
by  direct  common  sense.  It  would  be  most 
interesting  to  give  adequate  examples  here,  but 
space  forbids.  Suffice  it  to  say  that  a  Mexican 
horse- thief  was  convicted  and  severely  flogged; 
and  then  a  collection  was  taken  up  for  him  on 


116  THE  FORTY-NINERS 

the  ground  that  he  was  on  the  whole  unfortunate! 
A  thief  apprehended  on  a  steamboat  was  punished 
by  a  heavy  fine  for  the  benefit  of  a  sick  man  on 
board. 

Sunday  evening  usually  ended  by  a  dance.  As 
women  were  entirely  lacking  at  first,  a  proportion 
of  the  men  was  told  off  to  represent  the  fair  sex. 
At  one  camp  the  invariable  rule  was  to  consider 
as  ladies  those  who  possessed  patches  on  the  seats 
of  their  trousers.  This  was  the  distinguishing 
mark.  Take  it  all  around,  the  day  was  one  of 
noisy,  good-humored  fun.  There  was  very  little 
sodden  drunkenness,  and  the  miners  went  back 
to  their  work  on  Monday  morning  with  freshened 
spirits.  Probably  just  this  sort  of  irresponsible 
ebullition  was  necessary  to  balance  the  hardness 
of  the  life. 

In  each  mining-town  was  at  least  one  Yankee 
storekeeper.  He  made  the  real  profits  of  the 
mines.  His  buying  ability  was  considerable;  his 
buying  power  was  often  limited  by  what  he  could 
get  hold  of  at  the  coast  and  what  he  could  trans- 
port to  the  camps.  Often  his  consignments  were 
quite  arbitrary  and  not  at  all  what  he  ordered. 
The  story  is  told  of  one  man  who  received  what, 
to  judge  by  the  smell,  he  thought  was  three 


THE  DIGGINGS  117 

barrels  of  spoiled  beef.  Throwing  them  out  in 
the  back  way,  he  was  interested  a  few  days  later 
to  find  he  had  acquired  a  rapidly  increasing  flock 
of  German  scavengers.  They  seemed  to  be  investi- 
gating the  barrels  and  carrying  away  the  spoiled 
meat.  When  the  barrels  were  about  empty,  the 
storekeeper  learned  that  the  supposed  meat  was  in 
reality  sauerkraut!  - 

The  outstanding  fact  about  these  camps  was 
that  they  possessed  no  solidarity.  Each  man 
expected  to  exploit  the  diggings  and  then  to 
depart  for  more  congenial  climes.  He  wished 
to  undertake  just  as  little  responsibility  as  he 
possibly  could.  With  so-called  private  affairs 
other  than  his  own  he  would  have  nothing  to  do. 
The  term  private  affairs  was  very  elastic,  stretch- 
ing often  to  cover  even  cool-blooded  murder. 
When  matters  arose  affecting  the  whole  public  wel- 
fare in  which  he  himself  might  possibly  become  in- 
terested, he  was  roused  to  the  point  of  administering 
justice.  The  punishments  meted  out  were  fines, 
flogging,  banishment,  and,  as  a  last  resort,  lynch- 
ing. Theft  was  considered  a  worse  offense  than 
killing.  As  the  mines  began  to  fill  up  with  the 
more  desperate  characters  who  arrived  in  1850 
and  1851,  the  necessity  for  government  increased. 


118  THE  FORTY-NINERS 

At  this  time,  but  after  the  leveling  effect  of  uni- 
versal labor  had  had  its  full  effect,  the  men  of 
personality,  of  force  and  influence,  began  to  come 
to  the  front.  A  fresh  aristocracy  of  ability,  of  in- 
fluence, of  character  was  created. 


CHAPTER  IX 

THE   URBAN  FORTY-NINER 

IN  popular  estimation  the  interest  and  romance  of 
the  Forty-niners  center  in  gold  and  mines.  To 
the  close  student,  however,  the  true  significance 
of  their  lives  is  to  be  found  even  more  in  the  city 
of  San  Francisco. 

At  first  practically  everybody  came  to  Cali- 
fornia under  the  excitement  of  the  gold  rush  and 
with  the  intention  of  having  at  least  one  try  at  the 
mines.  But  though  gold  was  to  be  found,  in 
unprecedented  abundance,  the  getting  of  it  was  at 
best  extremely  hard  work.  Men  fell  sick  both 
in  body  and  spirit.  They  became  discouraged. 
Extravagance  of  hope  often  resulted,  by  reaction, 
in  an  equal  exaggeration  of  despair.  The  prices 
of  everything  were  very  high.  The  cost  of  medi- 
cal attendance  was  almost  prohibitory.  Men 
sometimes  made  large  daily  sums  in  the  placers; 
but  necessary  expenses  reduced  their  net  income  to 

119 


120  THE  FORTY-NINERS 

small  wages.  Ryan  gives  this  account  of  an  inter- 
view with  a  returning  miner:  "He  readily  entered 
into  conversation  and  informed  us  that  he  had 
passed  the  summer  at  the  mines  where  the  exces- 
sive heat  during  the  day,  and  the  dampness  of  the 
ground  where  the  gold  washing  is  performed,  to- 
gether with  privation  and  fatigue,  had  brought  on 
fever  and  ague  which  nearly  proved  fatal  to  him. 
He  had  frequently  given  an  ounce  of  gold  for  the 
visit  of  a  medical  man,  and  on  several  occasions 
had  paid  two  and  even  three  ounces  for  a  single 
dose  of  medicine.  He  showed  us  a  pair  of  shoes, 
nearly  worn  out,  for  which  he  had  paid  twenty- 
four  dollars."  Later  Ryan  says:  "Only  such  men 
as  can  endure  the  hardship  and  privation  inciden- 
tal to  life  in  the  mines  are  likely  to  make  fortunes 
by  digging  for  the  ore.  I  am  unequal  to  the  task 
...  I  think  I  could  within  an  hour  assemble  in 
this  very  place  from  twenty  to  thirty  individuals 
of  my  own  acquaintance  who  had  all  told  the  same 
story.  They  were  thoroughly  dissatisfied  and 
disgusted  with  their  experiment  in  the  gold  coun- 
try. The  truth  of  the  matter  is  that  only  traders, 
speculators,  and  gamblers  make  large  fortunes." 
Only  rarely  did  men  of  cool  enough  heads  and 
far  enough  sight  eschew  from  the  very  beginning 


THE  URBAN  FORTY-NINER  121 

all  notion  of  getting  rich  quickly  in  the  placers, 
and  deliberately  settle  down  to  make  their  for- 
tunes in  other  ways. 

This  conclusion  of  Ryan's  throws,  of  course, 
rather  too  dark  a  tone  over  the  picture.  The 
"hardy  miner"  was  a  reality,  and  the  life  in  the 
placers  was,  to  such  as  he,  profitable  and  pleasant. 
However,  this  point  of  view  had  its  influence  in 
turning  back  from  the  mines  a  very  large  propor- 
tion of  those  who  first  went  in.  Many  of  them 
drifted  into  mercantile  pursuits.  Harlan  tells  us: 
"During  my  sojourn  in  Stockton  I  mixed  freely 
with  the  returning  and  disgusted  miners  from 
whom  I  learned  that  they  were  selling  their  min- 
ing implements  at  ruinously  low  prices.  An  idea 
struck  me  one  day  which  I  immediately  acted 
upon  for  fear  that  another  might  strike  in  the 
same  place  and  cause  an  explosion.  The  heaven- 
born  idea  that  had  penetrated  my  cranium  was 
this :  start  in  the  mercantile  line,  purchase  the  kits 
and  implements  of  the  returning  miners  at  low 
figures  and  sell  to  the  greenhorns  en  route  to  the 
mines  at  California  prices."  In  this  manner 
innumerable  occupations  supplying  the  obvious 
needs  were  taken  up  by  many  returned  miners.  A 
certain  proportion  drifted  to  crime  or  shady  de« 


122  THE  FORTY-NINERS 

vices,  but  the  large  majority  returned  to  San 
Francisco,  whence  they  either  went  home  com- 
pletely discouraged,  or  with  renewed  energy 
and  better-applied  ability  took  hold  of  the  des- 
tinies of  the  new  city.  Thus  another  sort  of 
Forty-niner  became  in  his  way  as  significant  and 
strong,  as  effective  and  as  romantic  as  his  brother, 
the  red-shirted  Forty-niner  of  the  diggings. 

But  in  addition  to  the  miners  who  had  made 
their  stakes,  who  had  given  up  the  idea  of  mining, 
or  who  were  merely  waiting  for  the  winter's  rains 
to  be  over  to  go  back  again  to  the  diggings,  an  ever 
increasing  immigration  was  coming  to  San  Fran- 
cisco with  the  sole  idea  of  settling  in  that  place. 
All  classes  of  men  were  represented.  Many  of  the 
big  mercantile  establishments  of  the  East  were 
sending  out  their  agents.  Independent  merchants 
sought  the  rewards  of  speculation.  Gamblers  also 
perceived  opportunities  for  big  killings.  Pro- 
fessional politicians  and  cheap  lawyers,  largely 
from  the  Southern  States,  unfortunately  also 
saw  their  chance  to  obtain  standing  in  a  new 
community,  having  lost  all  standing  in  their  own. 
The  result  of  the  mixing  of  these  various  chemical 
elements  of  society  was  an  extraordinary  boiling 
and  bubbling. 


THE  URBAN  FORTY-NINER  123 

When  Commander  Montgomery  hoisted  the 
American  flag  in  1846,  the  town  of  Yerba  Buena, 
as  San  Francisco  was  called,  had  a  population  of 
about  two  hundred.  Before  the  discovery  of  gold 
it  developed  under  the  influence  of  American 
enterprise  normally  and  rationally  into  a  prosper- 
ous little  town  with  two  hotels,  a  few  private 
dwellings,  and  twp  wharves  in  the  process  of 
construction.  Merchants  had  established  them- 
selves with  connections  in  the  Eastern  States, 
in  Great  Britain,  and  South  America.  Just  be- 
fore the  discovery  of  gold  the  population  had 
increased  to  eight  hundred  and  twelve. 

The  news  of  the  placers  practically  emptied 
the  town.  It  would  be  curious  to  know  exactly 
how  many  human  souls  and  chickens  remained 
after  Brannan's  California  Star  published  the 
authentic  news.  The  commonest  necessary  activi- 
ties were  utterly  neglected,  shops  were  closed 
and  barricaded,  merchandise  was  left  rotting 
on  the  wharves  and  the  beaches,  and  the  prices 
of  necessities  rose  to  tremendous  altitudes.  The 
place  looked  as  a  deserted  mining-camp  does  now. 
The  few  men  left  who  would  work  wanted  ten  or 
even  twenty  dollars  a  day  for  the  commonest 
labor. 


124  THE  FORTY-NINERS 

However,  the  early  pioneers  were  hard-headed 
citizens.  Many  of  the  shopkeepers  and  mer- 
chants, after  a  short  experience  of  the  mines, 
hurried  back  to  make  the  inevitable  fortune  that 
must  come  to  the  middleman  in  these  extraordi- 
nary times.  Within  the  first  eight  weeks  of  the  gold 
excitement  two  hundred  and  fifty  thousand  dollars 
in  gold  dust  reached  San  Francisco,  and  within 
the  following  eight  weeks  six  hundred  thousand 
dollars  more  came  in.  All  of  this  was  to  purchase 
supplies  at  any  price  for  the  miners. 

This  was  in  the  latter  days  of  1848.  In  the  first 
part  of  1849  the  immigrants  began  to  arrive. 
They  had  to  have  places  to  sleep,  things  to  eat, 
transportation  to  the  diggings,  outfits  of  various 
sorts.  In  the  first  six  months  of  1849  ten  thou- 
sand people  piled  down  upon  the  little  city  built 
to  accommodate  eight  hundred.  And  the  last  six 
months  of  the  year  were  still  more  extraordinary, 
as  some  thirty  thousand  more  dumped  themselves 
on  the  chaos  of  the  first  immigration.  The  result 
can  be  imagined.  The  city  was  mainly  of  canvas 
either  in  the  form  of  tents  or  of  crude  canvas  and 
wooden  houses.  The  few  substantial  buildings 
stood  like  rocks  in  a  tossing  sea.  No  attempt, 
of  course,  had  been  made  as  yet  toward  public 


THE  URBAN  FORTY-NINER  125 

improvements.  The  streets  were  ankle-deep  in 
dust  or  neck-deep  in  mud.  A  great  smoke  of  dust 
hung  perpetually  over  the  city,  raised  by  the  trade 
winds  of  the  afternoon.  Hundreds  of  ships  lay  at 
anchor  in  the  harbor.  They  had  been  deserted  by 
their  crews,  and,  before  they  could  be  re-manned, 
the  faster  clipper  ships,  built  to  control  the 
fluctuating  western  trade,  had  displaced  them, 
so  that  the  majority  were  fated  never  again  to 
put  to  sea. 

Newcomers  landed  at  first  on  a  flat  beach  of 
deep  black  sand,  where  they  generally  left  their 
personal  effects  for  lack  of  means  of  transportation. 
They  climbed  to  a  ragged  thoroughfare  of  open 
sheds  and  ramshackle  buildings,  most  of  them  in 
the  course  of  construction.  Beneath  crude  shel- 
ters of  all  sorts  and  in  great  quantities  were  goods 
brought  in  hastily  by  eager  speculators  on  the 
high  prices.  The  four  hundred  deserted  ships 
lying  at  anchor  in  the  harbor  had  dumped  down 
on  the  new  community  the  most  ridiculous  assort- 
ment of  necessities  and  luxuries,  such  as  calico, 
silk,  rich  furniture,  mirrors,  knock-down  houses, 
cases  and  cases  of  tobacco,  clothing,  statuary, 
mining-implements,  provisions,  and  the  like. 

The   hotels    and    lodging   houses    immediately 


126  THE  FORTY-NINERS 

became  very  numerous.  Though  they  were  in 
reality  only  overcrowded  bunk-houses,  the  most 
enormous  prices  were  charged  for  beds  in  them. 
People  lay  ten  or  twenty  in  a  single  room  —  in  row 
after  row  of  cots,  in  bunks,  or  on  the  floor.  Be- 
tween the  discomfort  of  hard  beds,  fleas,  and  over- 
crowding, the  entire  populace  spent  most  of  its 
time  on  the  street  or  in  the  saloons  and  gambling- 
houses.  As  some  one  has  pointed  out,  this  custom 
added  greatly  to  the  apparent  population  of  the 
place.  Gambling  was  the  gaudiest,  the  best- 
paying,  and  the  most  patronized  industry.  It 
occupied  the  largest  structures,  and  it  probably  im- 
ported and  installed  the  first  luxuries.  Of  these 
resorts  the  El  Dorado  became  the  most  famous. 
It  occupied  at  first  a  large  tent  but  soon  found 
itself  forced  to  move  to  better  quarters.  The 
rents  paid  for  buildings  were  enormous.  Three 
thousand  dollars  a  month  in  advance  was  charged 
for  a  single  small  store  made  of  rough  boards.  A 
two-story  frame  building  on  Kearny  Street  near 
the  Plaza  paid  its  owners  a  hundred  and  twenty 
thousand  dollars  a  year  rent.  The  tent  containing 
the  El  Dorado  gambling  saloon  was  rented  for 
forty  thousand  dollars  a  year.  The  prices  sky- 
rocketed still  higher.  Miners  paid  as  high  as 


THE  URBAN  FORTY-NINER  127 

two  hundred  dollars  for  an  ordinary  gold  rocker, 
fifteen  or  twenty  dollars  for  a  pick,  the  same 
for  a  shovel,  and  so  forth.  A  copper  coin  was 
considered  a  curiosity,  a  half-dollar  was  the  mini- 
mum tip  for  any  small  service,  twenty-five  cents 
was  the  smallest  coin  in  circulation,  and  the  least 
price  for  which  anything  could  be  sold.  Bread 
came  to  fifty  cents  a  loaf.  Good  boots  were  a 
hundred  dollars. 

Affairs  moved  very  swiftly.  A  month  was 
the  unit  of  time.  Nobody  made  bargains  for  more 
than  a  month  in  advance.  Interest  wras  charged 
on  money  by  the  month.  Indeed,  conditions 
changed  so  fast  that  no  man  pretended  to  estimate 
them  beyond  thirty  days  ahead,  and  to  do  even 
that  was  considered  rather  a  gamble.  Real  estate 
joined  the  parade  of  advance.  Little  holes  in 
sand-hills  sold  for  fabulous  prices.  The  sick, 
destitute,  and  discouraged  were  submerged  be- 
neath the  mounting  tide  of  vigorous  optimism  that 
bore  on  its  crest  the  strong  and  able  members 
of  the  community.  Every  one  either  was  rich 
or  expected  soon  to  be  so.  Opportunity  awaited 
every  man  at  every  corner.  Men  who  knew  how 
to  take  advantage  of  fortune's  gifts  were  assured 
of  immediate  high  returns.  Those  with  capital 


128  THE  FORTY-NINERS 

were,  of  course,  enabled  to  take  advantage  of 
the  opportunities  more  quickly ;  but  the  ingenious 
mind  saw  its  chances  even  with  nothing  to  start  on. 

One  man,  who  landed  broke  but  who  possessed 
two  or  three  dozen  old  newspapers  used  as  packing, 
sold  them  at  a  dollar  and  two  dollars  apiece  and  so 
made  his  start.  Another  immigrant  with  a  few 
packages  of  ordinary  tin  tacks  exchanged  them 
with  a  man  engaged  in  putting  up  a  canvas  house 
for  their  exact  weight  in  gold  dust.  Harlan  tells 
of  walking  along  the  shore  of  Happy  Valley  and 
finding  it  lined  with  discarded  pickle  jars  and 
bottles.  Remembering  the  high  price  of  pickles 
in  San  Francisco,  he  gathered  up  several  hundred 
of  them,  bought  a  barrel  of  cider  vinegar  from  a 
newly-arrived  vessel,  collected  a  lot  of  cucumbers, 
and  started  a  bottling  works.  Before  night,  he 
said,  he  had  cleared  over  three  hundred  dollars. 
With  this  he  made  a  corner  in  tobacco  pipes  by 
which  he  realized  one  hundred  and  fifty  dollars 
in  twenty-four  hours. 

Mail  was  distributed  soon  after  the  arrival  of 
the  mail-steamer.  The  indigent  would  often  sit 
up  a  day  or  so  before  the  expected  arrival  of  the 
mail-steamer  holding  places  in  line  at  the  post- 
office.  They  expected  no  letters  but  could  sell 


THE  URBAN  FORTY-NINER  129 

the  advantageous  positions  for  high  prices  when 
the  mail  actually  arrived.  He  was  a  poor-spirited 
man  indeed  who  by  these  and  many  other 
equally  picturesque  means  could  not  raise  his  gold 
slug  in  a  reasonable  time;  and,  possessed  of  fifty 
dollars,  he  was  an  independent  citizen.  He  could 
increase  his  capital  by  interest  compounded  every 
day,  provided  he  used  his  wits;  or  for  a  brief  span 
of  glory  he  could  live  with  the  best  of  them.  A 
story  is  told  of  a  new-come  traveler  offering  a 
small  boy  fifty  cents  to  carry  his  valise  to  the 
hotel.  The  urchin  looked  with  contempt  at  the 
coin,  fished  out  two  fifty-cent  pieces,  handed  them 
to  the  owner  of  the  valise,  saying  "Here's  a  dollar; 
carry  it  yourself. " 

One  John  A.  McGlynn  arrived  without  assets. 
He  appreciated  the  opportunity  for  ordinary  team- 
ing, and  hitching  California  mules  to  the  only  and 
exceedingly  decrepit  wagon  to  be  found  he  started 
in  business.  Possessing  a  monopoly,  he  charged 
what  he  pleased,  so  that  within  a  short  time  he 
had  driving  for  him  a  New  York  lawyer,  whom  he 
paid  a  hundred  and  seventy-five  dollars  a  month. 
His  outfit  was  magnificent.  When  somebody 
joked  with  him  about  his  legal  talent,  he  replied, 
"The  whole  business  of  a  lawyer  is  to  know  how 


130  THE  FORTY-NINERS 

to  manage  mules  and  asses  so  as  to  make  them 
pay."  When  within  a  month  plenty  of  wagons 
were  imported,  McGlynn  had  so  well  established 
himself  and  possessed  so  much  character  that  he 
became  ex  officio  the  head  of  the  industry.  He 
was  evidently  a  man  of  great  and  solid  sense  and 
was  looked  up  to  as  one  of  the  leading  citizens. 

Every  human  necessity  was  crying  out  for  its 
ordinary  conveniences.  There  were  no  streets, 
there  were  no  hotels,  there  were  no  lodging-houses, 
there  were  no  warehouses,  there  were  no  stores, 
there  was  no  water,  there  was  no  fuel.  Any  one 
who  could  improvise  anything,  even  a  bare  substi- 
tute, to  satisfy  any  of  these  needs,  was  sure  of 
immense  returns.  In  addition,  the  populace 
was  so  busy  —  so  overwhelmingly  busy  —  with  its 
own  affairs  that  it  literally  could  not  spare  a 
moment  to  govern  itself.  The  professional  and 
daring  politicians  never  had  a  clearer  field.  They 
went  to  extraordinary  lengths  in  all  sorts  of  graft- 
ing, in  the  sale  of  public  real  estate,  in  every  "she- 
nanigan "  known  to  skillful  low-grade  politicians. 
Only  occasionally  did  they  go  too  far,  as  when,  in 
addition  to  voting  themselves  salaries  of  six 
thousand  dollars  apiece  as  aldermen,  they  coolly 
voted  themselves  also  gold  medals  to  the  value  of 


THE  URBAN  FORTY-NINER  131 

one  hundred  and  fifty  dollars  apiece  "for  public 
and  extra  services."  Then  the  determined  citi- 
zens took  an  hour  off  for  the  council  chambers. 
The  medals  were  cast  into  the  melting-pot. 

All  writers  agree,  in  their  memoirs,  that  the 
great  impression  left  on  the  mind  by  San  Fran- 
cisco was  its  extreme  busyness.  The  streets  were 
always  crammed  full  of  people  running  and  darting 
in  all  directions.  It  wTas,  indeed,  a  heterogeneous 
mixture.  Not  only  did  the  Caucasian  show  him- 
self in  every  extreme  of  costume,  from  the  most 
exquisite  top-hatted  dandy  to  the  red-shirted 
miner,  but  there  were  also  to  be  found  all  the 
picturesque  and'  unknown  races  of  the  earth, 
the  Chinese,  the  Chileno,  the  Moor,  the  Turk,  the 
Mexican,  the  Spanish,  the  Islander,  not  to  speak  of 
ordinary  foreigners  from  Russia,  England,  France, 
Belgium,  Germany,  Italy,  and  the  out-of-the-way 
corners  of  Europe.  All  these  people  had  tre- 
mendous affairs  to  finish  in  the  least  possible  time. 
And  every  once  in  a  while  some  individual  on 
horseback  would  sail  down  the  street  at  full  speed, 
scattering  the  crowd  left  and  right.  If  any  one 
remarked  that  the  marauding  individual  should 
be  shot,  the  excuse  was  always  offered,  "Oh,  well, 
don't  mind  him.  He's  only  drunk,"  as  if  that 


132  THE  FORTY-NINERS 

excused  everything.  Many  of  the  activities  of  the 
day  also  were  picturesque.  As  there  were  no 
warehouses  in  which  to  store  goods,  and  as  the  few 
structures  of  the  sort  charged  enormous  rentals, 
it  was  cheaper  to  auction  off  immediately  all 
consignments.  These  auctions  were  then,  and 
remained  for  some  years,  one  of  the  features  of  the 
place.  The  more  pretentious  dealers  kept  brass 
bands  to  attract  the  crowd.  The  returning  miners 
were  numerous  enough  to  patronize  both  these 
men  and  the  cheap  clothing  stores,  and  having 
bought  themselves  new  outfits,  generally  cast  the 
old  ones  into  the  middle  of  the  street.  Water  was 
exceedingly  scarce  and  in  general  demand,  so  that 
laundry  work  was  high.  It  was  the  fashion  of  these 
gentry  to  wear  their  hair  and  beards  long.  They 
sported  red  shirts,  flashy  Chinese  scarves  around 
their  waists,  black  belts  with  silver  buckles,  six- 
shooters  and  bowie-knives,  and  wide  floppy  hats. 
The  business  of  the  day  over,  the  evening  was 
open  for  relaxation.  As  the  hotels  and  lodging- 
houses  were  nothing  but  kennels,  and  very  crowded 
kennels,  it  followed  that  the  entire  population 
gravitated  to  the  saloons  and  gambling  places. 
Some  of  these  were  established  on  a  very  extensive 
scale.  They  had  not  yet  attained  the  magnificence 


THE  URBAN  FORTY-NINER  133 

of  the  Fifties,  but  it  is  extraordinary  to  realize 
that  within  so  few  months  and  at  such  a  great 
distance  from  civilization,  the  early  and  enter- 
prising managed  to  take  on  the  trappings  of  lux- 
ury. Even  thus  early,  plate-glass  mirrors,  expen- 
sive furniture,  the  gaudy,  tremendous  oil  paintings 
peculiar  to  such  dives,  prism  chandeliers,  and  the 
like,  had  made  their  appearance.  Later,  as  will 
be  seen,  these  gambling  dens  presented  an  aspect 
of  barbaric  magnificence,  unique  and  peculiar  to 
the  time  and  place.  In  1849,  however  gorgeous 
the  trappings  might  have  appeared  to  men  long 
deprived  of  such  things,  they  were  of  small  impor- 
tance compared  with  the  games  themselves.  At 
times  the  bets  were  enormous.  Soule  tells  us 
that  as  high  as  twenty  thousand  dollars  were 
risked  on  the  turn  of  one  card.  The  ordinary 
stake,  however,  wras  not  so  large,  -from  fifty  cents 
to  five  dollars  being  about  the  usual  amount. 
Even  at  this  the  gamblers  were  well  able  to  pay 
the  high  rents.  Quick  action  was  the  word. 
The  tables  were  always  crowded  and  bystanders 
many  deep  waited  to  lay  their  stakes.  Within  a 
year  or  so  the  gambling  resorts  assumed  rather  the 
nature  of  club-rooms,  frequented  by  every  class, 
many  of  whom  had  no  intention  of  gambling. 


134  THE  FORTY-NINERS 

Men  met  to  talk,  read  the  newspapers,  write 
letters,  or  perhaps  take  a  turn  at  the  tables.  But 
in  1849  the  fever  of  speculation  held  every  man 
in  its  grip. 

Again  it  must  be  noted  how  wide  an  epoch  can 
be  spanned  by  a  month  or  two.  The  year  1849 
was  but  three  hundred  and  sixty-five  days  long, 
and  yet  in  that  space  the  community  of  San  Fran- 
cisco passed  through  several  distinct  phases.  It 
grew  visibly  like  the  stalk  of  a  century  plant. 

Of  public  improvements  there  were  almost 
none.  The  few  that  were  undertaken  sprang  from 
absolute  necessity.  The  town  got  through  the 
summer  season  fairly  well,  but,  as  the  winter  that 
year  proved  to  be  an  unusually  rainy  time,  it 
soon  became  evident  that  something  must  be 
done.  The  streets  became  bottomless  pits  of 
mud.  It  is  stated,  as  plain  and  sober  fact,  that  in 
some  of  the  main  thoroughfares  teams  of  mules 
and  horses  sank  actually  out  of  sight  and  were 
suffocated.  Foot  travel  was  almost  impossible 
unless  across  some  sort  of  causeway.  Lumber 
was  so  expensive  that  it  was  impossible  to  use 
it  for  the  purpose.  Fabulous  quantities  of  goods 
sent  in  by  speculators  loaded  the  market  and 
would  sell  so  low  that  it  was  actually  cheaper  to 


THE  URBAN  FORTY-NINER  135 

use  bales  of  them  than  to  use  planks.  Thus 
one  muddy  stretch  was  paved  with  bags  of  Chilean 
flour,  another  with  tierces  of  tobacco,  while  over 
still  another  the  wayfarers  proceeded  on  the  tops 
of  cook  stoves.  These  sank  gradually  in  the  soft 
soil  until  the  tops  were  almost  level  with  the  mud. 
Of  course  one  of  the  first  acts  of  the  merry  jester 
was  to  shy  the  stove  lids  off  into  space.  The 
footing  especially  after  dark  can  be  imagined. 
Crossing  a  street  on  these  things  was  a  perilous 
traverse  watched  with  great  interest  by  spectators 
on  either  side.  Often  the  hardy  adventurer,  after 
teetering  for  some  time,  would  with  a  descriptive 
oath  sink  to  his  waist  in  the  slimy  mud.  If  the 
wayfarer  was  drunk  enough,  he  then  proceeded 
to  pelt  his  tormentors  with  missiles  of  the  sticky 
slime.  The  good  humor  of  the  community  saved 
it  from  absolute  despair.  Looked  at  with  cold 
appraising  eye,  the  conditions  were  decidedly 
uncomfortable.  In  addition  there  was  a  grimmer 
side  to  the  picture.  Cholera  and  intermittent 
fever  came,  brought  in  by  ships  as  well  as  by  over- 
land immigrants,  and  the  death-rate  rose  by  leaps 
and  bounds. 

The  greater  the   hardships   and   obstacles,  the 
higher  the  spirit  of  the  community  rose  to  meet 


136  THE  FORTY-NINERS 

them.  In  that  winter  was  born  the  spirit  that  has 
animated  San  Francisco  ever  since,  and  that  so 
nobly  and  cheerfully  met  the  final  great  trial  of 
the  earthquake  and  fire  of  1906. 

About  this  time  an  undesirable  lot  of  immigrants 
began  to  arrive,  especially  from  the  penal  colo- 
nies of  New  South  Wales.  The  criminals  of  the 
latter  class  soon  became  known  to  the  populace  as 
"Sydney  Ducks."  They  formed  a  nucleus  for  an 
adventurous,  idle,  pleasure-loving,  dissipated  set 
of  young  sports,  who  organized  themselves  into 
a  loose  band  very  much  on  the  order  of  the  East 
Side  gangs  in  New  York  or  the  "hoodlums"  in 
later  San  Francisco,  with  the  exception,  however, 
that  these  young  men  affected  the  most  meticulous 
nicety  in  dress.  They  perfected  in  the  spring 
of  1849  an  organization  called  the  Regulators, 
announcing  that,  as  there  was  no  regular  police 
force,  they  would  take  it  upon  themselves  to 
protect  the  weak  against  the  strong  and  the  new- 
comer against  the  bunco  man.  Every  Sunday 
they  paraded  the  streets  with  bands  and  banners. 
Having  no  business  in  the  world  to  occupy  them, 
and  holding  a  position  unique  in  the  community, 
the  Regulators  soon  developed  into  practically  a 
band  of  cut-throats  and  robbers,  with  the  object 


THE  URBAN  FORTY-NINER  137 

of  relieving  those  too  weak  to  bear  alone  the 
weight  of  wealth.  The  Regulators,  or  Hounds,  as 
they  soon  came  to  be  called,  had  the  great  wisdom 
to  avoid  the  belligerent  and  resourceful  pioneer. 
They  issued  from  their  headquarters,  a  large  tent 
near  the  Plaza,  every  night.  Armed  with  clubs 
and  pistols,  they  descended  upon  the  settlements 
of  harmless  foreigners  living  near  the  outskirts, 
relieved  them  of  what  gold  dust  they  possessed, 
beat  them  up  by  way  of  warning,  and  returned 
to  headquarters  with  the  consciousness  of  a  duty 
well  done.  The  victims  found  it  of  little  use  to 
appeal  to  the  alcalde,  for  with  the  best  disposition 
in  the  world  the  latter  could  do  nothing  without 
an  adequate  police  force.  The  ordinary  citizen, 
much  too  interested  in  his  own  affairs,  merely  took 
precautions  to  preserve  his  own  skin,  avoided  dark 
and  unfrequented  alleyways,  barricaded  his  doors 
and  windows,  and  took  the  rest  out  in  contemptu- 
ous cursing. 

Encouraged  by  this  indifference,  the  Hounds 
naturally  grew  bolder  and  bolder.  They  con- 
sidered they  had  terrorized  the  rest  of  the  com- 
munity, and  they  began  to  put  on  airs  and  swagger 
in  the  usual  manner  of  bullies  everywhere.  On 
Sunday  afternoon  of  July  15,  they  made  a  raid 


138  THE  FORTY-NINERS 

on  some  California  ranches  across  the  bay,  osten- 
sibly as  a  picnic  expedition,  returning  triumphant 
and  very  drunk.  For  the  rest  of  the  afternoon 
with  streaming  banners  they  paraded  the  streets, 
discharging  firearms  and  generally  shooting  up  the 
town.  At  dark  they  descended  upon  the  Chilean 
quarters,  tore  down  the  tents,  robbed  the  Chileans, 
beat  many  of  the  men  to  insensibility,  ousted  the 
women,  killed  a  number  who  had  not  already  fled, 
and  returned  to  town  only  the  following  morning. 
This  proved  to  be  the  last  straw.  The  busy 
citizens  dropped  their  own  affairs  for  a  day  and  got 
together  in  a  mass  meeting  at  the  Plaza.  All  work 
was  suspended  and  all  business  houses  were  closed. 
Probably  all  the  inhabitants  in  the  city  with  the 
exception  of  the  Hounds  had  gathered  together. 
Our  old  friend,  Sam  Brannan,  possessing  the  gift 
of  a  fiery  spirit  and  an  arousing  tongue,  addressed 
the  meeting.  A  sum  of  money  was  raised  for 
the  despoiled  foreigners.  An  organization  was 
effected,  and  armed  posses  were  sent  out  to  arrest 
the  ringleaders.  They  had  little  difficulty.  Many 
left  town  for  foreign  parts  or  for  the  mines,  where 
they  met  an  end  easily  predicted.  Others  were 
condemned  to  various  punishments.  The  Hounds 
were  thoroughly  broken  up  in  an  astonishingly 


THE  URBAN  FORTY-NINER  139 

brief  time.  The  real  significance  of  their  great 
career  is  that  they  called  to  the  attention  of  the 
better  class  of  citizens  the  necessity  for  at  least  a 
sketchy  form  of  government  and  a  framework  of 
law.  Such  matters  as  city  revenue  were  brought 
up  for  practically  the  first  time.  Gambling- 
houses  were  made  to  pay  a  license.  Real  estate, 
auction  sales,  and  other  licenses  were  also  taxed. 
One  of  the  ships  in  the  harbor  was  drawn  up  on 
shore  and  was  converted  into  a  jail.  A  district- 
attorney  was  elected,  with  an  associate.  The 
whole  municipal  structure  was  still  about  as  rudi- 
mentary as  the  streets  into  which  had  been  thrown 
armfuls  of  brush  in  a  rather  hopeless  attempt  to 
furnish  an  artificial  bottom.  It  was  a  beginning, 
however,  and  men  had  at  last  turned  their  eyes 
even  momentarily  from  their  private  affairs  to 
consider  the  welfare  of  this  unique  society  which 
was  in  the  making. 


CHAPTER  X 

ORDEAL   BY    FIRE 

SAN  FRANCISCO  in  the  early  years  must  be  con- 
sidered, aside  from  the  interest  of  its  picturesque- 
ness  and  aside  from  its  astonishing  growth,  as  a 
crucible  of  character.  Men  had  thrown  off  all 
moral  responsibility.  Gambling,  for  example,  was 
a  respectable  amusement.  People  in  every  class 
of  life  frequented  the  gambling  saloons  openly 
and  without  thought  of  apology.  Men  were  lead- 
ing a  hard  and  vigorous  life;  the  reactions  were 
quick;  and  diversions  were  eagerly  seized.  Decent 
women  were  absolutely  lacking,  and  the  women 
of  the  streets  had  as  usual  followed  the  army  of 
invasion.  It  was  not  considered  at  all  out  of  the 
ordinary  to  frequent  their  company  in  public,  and 
men  walked  with  them  by  day  to  the  scandal  of  no- 
body. There  was  neither  law  nor  restraint.  Most 
men  were  drunk  with  sudden  wealth.  The  battle 
was,  as  ever,  to  the  strong. 

140 


ORDEAL  BY  FIRE  141 

There  was  every  inducement  to  indulge  the 
personal  side  of  life.  As  a  consequence,  many 
formed  habits  they  could  not  break,  spent  all  of 
their  money  on  women  and  drink  and  gambling, 
ruined  themselves  in  pocket-book  and  in  health, 
returned  home  broken,  remained  sodden  and 
hopeless  tramps,  or  joined  the  criminal  class. 
Thousands  died  of  cholera  or  pneumonia;  hundreds 
committed  suicide;  but  those  who  came  through 
formed  the  basis  of  a  race  remarkable  today  for 
its  strength,  resourcefulness,  and  optimism.  Char- 
acters solid  at  bottom  soon  come  to  the  inevitable 
reaction.  They  were  the  forefathers  of  a  race 
of  people  which  is  certainly  different  from  the 
inhabitants  of  any  other  portion  of  the  country. 

The  first  public  test  came  with  the  earliest  of 
the  big  fires  that,  within  the  short  space  of  eighteen 
months,  six  times  burned  San  Francisco  to  the 
ground.  This  fire  occurred  on  December  4,  1849. 
It  was  customary  in  the  saloons  to  give  negroes  a 
free  drink  and  tell  them  not  to  come  again.  One 
did  come  again  to  Dennison's;  he  was  flogged,  and 
knocked  over  a  lamp.  Thus  there  started  a  confla- 
gration that  consumed  over  a  million  dollars'  worth 
of  property.  The  valuable  part  of  the  property, 
it  must  be  confessed,  was  in  the  form  of  goods, 


142  THE  FORTY-NINERS 

as  the  light  canvas  and  wooden  shacks  were  of 
little  worth.  Possibly  the  fire  consumed  enough 
germs  and  germ-breeding  dirt  to  pay  partially  for 
itself.  Before  the  ashes  had  cooled,  the  enter- 
prising real  estate  owners  were  back  reerecting 
the  destroyed  structures. 

This  first  fire  was  soon  followed  by  others,  each 
intrinsically  severe.  The  people  were  splendid  in 
enterprise  and  spirit  of  recovery;  but  they  soon 
realized  that  not  only  must  the  buildings  be 
made  of  more  substantial  material,  but  also  that 
fire-fighting  apparatus  must  be  bought.  In  June, 
1850,  four  hundred  houses  were  destroyed;  in 
May,  1851,  a  thousand  were  burned  at  a  loss 
of  two  million  and  a  half;  in  June,  1851,  the  town 
was  razed  to  the  water's  edge.  In  many  places 
the  wharves  were  even  disconnected  from  the 
shore.  Everywhere  deep  holes  were  burned  in 
them,  and  some  people  fell  through  at  night  and 
were  drowned.  In  this  fire  a  certain  firm,  Dewitt 
and  Harrison,  saved  their  warehouse  by  knocking 
in  barrels  of  vinegar  and  covering  their  building 
with  blankets  soaked  in  that  liquid.  Water  was 
unobtainable.  It  was  reported  that  they  thus 
used  eighty  thousand  gallons  of  vinegar,  but 
saved  their  warehouse. 


ORDEAL  BY  FIRE  143 

The  loss  now  had  amounted  to  something  like 
twelve  million  dollars  for  the  large  fires.  It  be- 
came more  evident  that  something  must  be  done. 
From  the  exigencies  of  the  situation  were  developed 
the  volunteer  companies,  which  later  became 
powerful  political,  as  well  as  fire-fighting,  organi- 
zations. There  were  many  of  these.  In  the  old 
Volunteer  Department  there  were  fourteen  engines, 
three  hook-and-ladder  companies,  and  a  number 
of  hose  companies.  Each  possessed  its  own  house, 
wThich  was  in  the  nature  of  a  club-house,  well 
supplied  with  reading  and  drinking  matter.  The 
members  of  each  company  were  strongly  partisan. 
They  were  ordinarily  drawn  from  men  of  similar 
tastes  and  position  in  life.  Gradually  they  came 
to  stand  also  for  similar  political  interests,  and 
thus  grew  to  be,  like  New  York's  Tammany 
Hall,  instruments  of  the  politically  ambitious. 

On  an  alarm  of  fire  the  members  at  any  time 
of  the  day  and  night  ceased  their  occupation 
or  leaped  from  their  beds  to  run  to  the  engine- 
house.  Thence  the  hand-engines  were  dragged 
through  the  streets  at  a  terrific  rate  of  speed  by 
hundreds  of  yelling  men  at  the  end  of  the  ropes. 
The  first  engine  at  a  fire  obtained  the  place  of 
honor;  therefore  every  alarm  was  the  signal  for  a 


144  THE  FORTY-NINERS 

breakneck  race.  Arrived  at  the  scene  of  fire, 
the  water-box  of  one  engine  was  connected  by 
hose  with  the  reservoir  of  the  next,  and  so  water 
was  relayed  from  engine  to  engine  until  it  was 
thrown  on  the  flames.  The  motive  power  of  the 
pump  was  supplied  by  the  crew  of  each  engine. 
The  men  on  either  side  manipulated  the  pump 
by  jerking  the  hand-rails  up  and  down.  Putting 
out  the  fire  soon  became  a  secondary  matter.  The 
main  object  of  each  company  was  to  "wash"  its 
rival;  that  is,  to  pump  water  into  the  water  box 
of  the  engine  ahead  faster  than  the  latter  could 
pump  it  out,  thus  overflowing  and  eternally  dis- 
gracing its  crew.  The  foremen  walked  back  and 
forth  between  the  rails,  as  if  on  quarter-decks,  ex- 
horting their  men.  Relays  in  uniform  stood  ready 
on  either  side  to  take  the  place  of  those  who  were 
exhausted.  As  the  race  became  closer,  the  foremen 
would  get  more  excited,  begging  their  crews  to 
increase  the  speed  of  the  stroke,  beating  their 
speaking  trumpets  into  shapeless  and  battered 
relics. 

In  the  meantime  the  hook-and-ladder  companies 
were  plying  their  glorious  and  destructive  trade. 
A  couple  of  firemen  would  mount  a  ladder  to  the 
eaves  of  the  house  to  be  attacked,  taking  with 


ORDEAL  BY  FIRE  145 

them  a  heavy  hook  at  the  end  of  a  long  pole  or 
rope.  With  their  axes  they  cut  a  small  hole  in 
the  eaves,  hooked  on  this  apparatus,  and  de- 
scended. At  once  as  many  firemen  and  volunteers 
as  could  get  hold  of  the  pole  and  the  rope  began 
to  pull.  The  timbers  would  crack,  break;  the 
whole  side  of  the  house  would  come  out  with  a 
grand  satisfying  smash.  In  this  way  the  fire  within 
was  laid  open  to  the  attack  of  the  hose-men.  This 
sort  of  work  naturally  did  little  toward  saving 
the  building  immediately  affected,  but  it  was  in- 
tended to  confine  or  check  the  fire  within  the  area 
already  burning.  The  occasion  was  a  grand  jubi- 
lation for  every  boy  in  the  town  —  which  means 
every  male  of  any  age.  The  roar  of  the  flames, 
the  hissing  of  the  steam,  the  crash  of  the  timber, 
the  shrieks  of  the  foremen,  the  yells  of  applause 
or  of  sarcastic  comment  from  the  crowd,  and  the 
thud  of  the  numerous  pumps  made  a  glorious  row. 
Everybody,  except  the  owners  of  the  buildings, 
was  hugely  delighted,  and  when  the  fire  was  all 
over  it  was  customary  for  the  unfortunate  owner 
further  to  increase  the  amount  of  his  loss  by  deal- 
ing out  liquid  refreshments  to  everybody  con- 
cerned. On  parade  days  each  company  turned 
out  with  its  machine  brought  to  a  high  state  of 


146  THE  FORTY-NINERS 

polish  by  varnish,  and  with  the  members  resplend- 
ent in  uniform,  carrying  pole-axes  and  banners.  If 
the  rivalries  at  the  fire  could  only  be  ended  in 
a  general  free  fight,  everybody  was  the  better 
satisfied. 

Thus  by  the  end  of  the  first  period  of  its  growth 
three  necessities  had  compelled  the  careless  new 
city  to  take  thought  of  itself  and  of  public  con- 
venience. The  mud  had  forced  the  cleaning  and 
afterwards  the  planking  of  the  principal  roads; 
the  Hounds  had  compelled  the  adoption  of  at 
least  a  semblance  of  government;  and  the  re- 
peated fires  had  made  necessary  the  semi- 
official organization  of  the  fire  department. 

By  the  end  of  1850  we  find  that  a  considerable 
amount  of  actual  progress  has  been  made.  This 
came  not  in  the  least  from  any  sense  of  civic 
pride  but  from  the  pressure  of  stern  necessity. 
The  new  city  now  had  eleven  wharves,  for  ex- 
ample, up  to  seventeen  hundred  feet  in  length. 
It  had  done  no  little  grading  of  its  sand-hills. 
The  quagmire  of  its  streets  had  been  filled  and  in 
some  places  planked.  Sewers  had  been  installed. 
Flimsy  buildings  were  being  replaced  by  sub- 
stantial structures,  for  which  the  stones  in  some 
instances  were  imported  from  China. 


ORDEAL  BY  FIRE  147 

Yet  it  must  be  repeated  that  at  this  time  little 
or  no  progress  sprang  from  civic  pride.  Each 
man  was  for  himself.  But,  unlike  the  native 
Californian,  he  possessed  wants  and  desires  which 
had  to  be  satisfied,  and  to  that  end  he  was  forced, 
at  least  in  essentials,  to  accept  responsibility  and 
to  combine  with  his  neighbors. 

The  machinery  of  this  early  civic  life  was  very 
crude.  Even  the  fire  department,  which  was  by 
far  the  most  efficient,  was,  as  has  been  indicated, 
more  occupied  with  politics,  rivalry,  and  fun,  than 
with  its  proper  function.  The  plank  roads  were 
good  as  long  as  they  remained  unworn,  but  they 
soon  showed  many  holes,  large  and  small,  jagged, 
splintered,  ugly  holes  going  down  into  the  depths 
of  the  mud.  Many  of  these  had  been  mended 
by  private  philanthropists;  many  more  had  been 
labeled  with  facetious  signboards.  There  were 
rough  sketches  of  accidents  taken  from  life,  and 
various  legends  such  as  "Head  of  Navigation," 
"  No  bottom, "  "  Horse  and  dray  lost  here, "  "  Take 
sounding,"  "Storage  room,  inquire  below, "  "Good 
fishing  for  teal, "  and  the  like.  As  for  the  govern- 
ment, the  less  said  about  that  the  better.  Re- 
sponsibility was  still  in  embryo;  but  politics  and 
the  law,  as  an  irritant,  were  highly  esteemed. 


148  THE  FORTY-NINERS 

The  elections  of  the  times  were  a  farce  and  a 
holiday;  nobody  knew  whom  he  was  voting  for 
nor  what  he  was  shouting  for,  but  he  voted  as 
often  and  shouted  as  loud  as  he  could.  Every 
American  citizen  was  entitled  to  a  vote,  and 
every  one,  no  matter  from  what  part  of  the  world 
he  came,  claimed  to  be  an  American  citizen  and 
defied  any  one  to  prove  the  contrary.  Proof 
consisted  of  club,  sling-shot,  bowie,  and  pistol. 
A  grand  free  fight  was  a  refreshment  to  the  soul. 
After  "a  pleasant  time  by  all  was  had,"  the 
populace  settled  down  and  forgot  all  about  the 
officers  whom  it  had  elected.  The  latter  went  their 
own  sweet  way,  unless  admonished  by  spasmodic 
mass-meetings  that  some  particularly  unscrupu- 
lous raid  on  the  treasury  was  noted  and  resented. 
Most  of  the  revenue  was  made  by  the  sale  of 
city  lots.  Scrip  was  issued  in  payment  of  debt. 
This  bore  interest  sometimes  at  the  rate  of  six 
or  eight  per  cent  a  month. 

In  the  meantime,  the  rest  of  the  crowd  went 
about  its  own  affairs.  Then,  as  now,  the  American 
citizen  is  willing  to  pay  a  very  high  price  in  dis- 
honesty to  be  left  free  for  his  own  pressing  affairs. 
That  does  not  mean  that  he  is  himself  either  dis- 
honest or  indifferent.  "When  the  price  suddenly 


ORDEAL  BY  FIRE  149 

becomes  too  high,  either  because  of  the  increase 
in  dishonesty  or  the  decrease  in  value  of  his  own 
time,  he  suddenly  refuses  to  pay.  This  happened 
not  infrequently  in  the  early  days  of  California. 


CHAPTER  XI 

THE  VIGILANTES  OF  '51 

IN  1851  the  price  for  one  commodity  became  too 
high.     That  commodity  was  lawlessness. 

In  two  years  the  population  of  the  city  had 
vastly  increased,  until  it  now  numbered  over  thirty 
thousand  inhabitants.  At  an  equal  or  greater 
pace  the  criminal  and  lawless  elements  had  also 
increased.  The  confessedly  criminal  immigrants 
were  paroled  convicts  from  Sydney  and  other 
criminal  colonies.  These  practiced  men  were 
augmented  by  the  weak  and  desperate  from  other 
countries.  Mexico,  especially,  was  strongly  repre- 
sented. At  first  few  in  numbers  and  poverty- 
stricken  in  resources,  these  men  acted  merely  as 
footpads,  highwaymen,  and  cheap  crooks.  As 
time  went  on,  however,  they  gradually  became 
more  wealthy  and  powerful,  until  they  had  estab- 
lished a  sort  of  caste.  They  had  not  the  social 
importance  of  many  of  the  "higher-ups"  of  1856, 

150 


THE  VIGILANTES  OF  '51  151 

but  they  were  crude,  powerful,  and  in  many  cases 
wealthy.  They  were  ably  seconded  by  a  class 
of  lawyers  which  then,  and  for  some  years  later, 
infested  the  courts  of  California.  These  men  had 
made  little  success  at  law,  or  perhaps  had  been 
driven  forth  from  their  native  haunts  because  of 
evil  practices.  They  played  the  game  of  law  ex- 
actly as  the  cheap  criminal  lawyer  does  today,  but 
with  the  added  advantage  that  their  activities  were 
controlled  neither  by  a  proper  public  sentiment 
nor  by  the  usual  discipline  of  better  colleagues. 
Unhappily  we  are  not  yet  far  enough  removed 
from  just  this  perversion  to  need  further  explana- 
tion of  the  method.  Indictments  were  fought 
for  the  reason  that  the  murderer's  name  was 
spelled  wrong  in  one  letter;  because,  while  the 
accusation  stated  that  the  murderer  killed  his 
victim  with  a  pistol,  it  did  not  say  that  it  was 
by  the  discharge  of  said  pistol;  and  so  on.  But 
patience  could  not  endure  forever.  The  decent 
element  of  the  community  was  forced  at  last  to 
beat  the  rascals.  Its  apparent  indifference  had 
been  only  preoccupation. 

The  immediate  cause  was  the  cynical  and  open 
criminal  activity  of  an  Englishman  named  James 
Stuart.  This  man  was  a  degenerate  criminal 


152  THE  FORTY-NINERS 

of  the  worst  type,  who  came  into  a  temporary 
glory  through  what  he  considered  the  happy  cir- 
cumstances of  the  time.  Arrested  for  one  of  his 
crimes,  he  seemed  to  anticipate  the  usual  very 
good  prospects  of  escaping  all  penalties.  There 
had  been  dozens  of  exactly  similar  incidents,  but 
this  one  proved  to  be  the  spark  to  ignite  a  long 
gathering  pile  of  kindling.  One  hundred  and 
eighty -four  of  the  wealthiest  and  most  prominent 
men  of  the  city  formed  themselves  into  a  secret 
Committee  of  Vigilance.  As  is  usual  when  any- 
thing of  importance  is  to  be  done,  the  busiest  men 
of  the  community  were  summoned  and  put  to 
work.  Strangely  enough,  the  first  trial  under 
this  Committee  of  Vigilance  resulted  also  in  a 
divided  jury.  The  mob  of  eight  thousand  or 
more  people  who  had  gathered  to  see  justice 
done  by  others  than  the  appointed  court  finally 
though  grumblingly  acquiesced.  The  prisoners 
were  turned  over  to  the  regular  authorities,  and 
were  eventually  convicted  and  sentenced. 

So  far  from  being  warned  by  this  popular 
demonstration,  the  criminal  offenders  grew  bolder 
than  ever.  The  second  great  fire,  in  May,  1851, 
was  commonly  believed  to  be  the  work  of  incen- 
diaries. Patience  ceased  to  be  a  virtue.  The 


THE  VIGILANTES  OF  '51  153 

time  for  resolute  repression  of  crime  had  arrived. 
In  June  the  Vigilance  Committee  was  formally 
organized.  Our  old  and  picturesque  friend  Sam 
Brannan  was  deeply  concerned.  In  matters  of 
initiative  for  the  public  good,  especially  where  a 
limelight  was  concealed  in  the  wing,  Brannan 
was  an  able  and  efficient  citizen.  Headquarters 
were  chosen  and  a  formal  organization  was  per- 
fected. The  Monumental  Fire  Engine  Com- 
pany bell  was  to  be  tolled  as  a  summons  for  the 
Committee  to  meet. 

Even  before  the  first  meeting  had  adjourned, 
this  signal  was  given.  A  certain  John  Jenkins 
had  robbed  a  safe  and  was  caught  after  a  long 
and  spectacular  pursuit.  Jenkins  was  an  Austral- 
ian convict  and  was  known  to  numerous  people  as 
an  old  offender  in  many  ways.  He  was  therefore 
typical  of  the  exact  thing  the  Vigilance  Committee 
had  been  formed  to  prevent.  By  eleven  o'clock 
the  trial,  which  was  conducted  with  due  decorum 
and  formality,  was  over.  Jenkins  was  adjudged 
guilty.  There  was  no  disorder  either  before  or 
after  Jenkins's  trial.  Throughout  the  trial  and 
subsequent  proceedings  Jenkins's  manner  was  un- 
afraid and  arrogant.  He  fully  expected  not  only 
that  the  nerve  of  the  Committee  would  give  out, 


154  THE  FORTY-NINERS 

but  that  at  any  moment  he  would  be  rescued. 
It  must  be  remembered  that  the  sixty  or  seventy 
men  in  charge  were  known  as  peaceful  unwarlike 
merchants,  and  that  against  them  were  arrayed 
all  the  belligerent  swashbucklers  of  the  town. 
While  the  trial  was  going  on,  the  Committee 
was  informed  by  its  officers  outside  that  already 
the  roughest  characters  throughout  the  city  had 
been  told  of  the  organization,  and  were  gathering 
for  rescue.  The  prisoner  insulted  his  captors, 
still  unconvinced  that  they  meant  business;  then 
he  demanded  a  clergyman,  who  prayed  for  three- 
quarters  of  an  hour  straight,  until  Mr.  Ryckman, 
hearing  of  the  gathering  for  rescue,  no  longer 
contained  himself.  Said  he:  "Mr.  Minister,  you 
have  now  prayed  three-quarters  of  an  hour.  I 
want  you  to  bring  this  prayer  business  to  a  halt. 
I  am  going  to  hang  this  man  in  fifteen  minutes." 

The  Committee  itself  was  by  no  means  sure  at 
all  times.  Bancroft  tells  us  that  "one  time  during 
the  proceedings  there  appeared  some  faltering 
on  the  part  of  the  judges,  or  rather  a  hesitancy  to 
take  the  lead  in  assuming  responsibility  and 
braving  what  might  be  subsequent  odium.  It 
was  one  thing  for  a  half-drunken  rabble  to  take 
the  life  of  a  fellow  man,  but  quite  another  thing 


THE  VIGILANTES  OF  '51  155 

for  staid  church-going  men  of  business  to  do  it. 
Then  it  was  that  William  A.  Howard,  after  watch- 
ing the  proceedings  for  a  few  moments,  rose,  and 
laying  his  revolver  on  the  table  looked  over  the 
assembly.  Then  with  a  slow  enunciation  he  said, 
'Gentlemen,  as  I  understand  it,  we  are  going  to 
hang  somebody.'  There  was  no  more  halting." 

While  these  things  were  going  on,  Sam  Brannan 
was  sent  out  to  communicate  to  the  immense 
crowd  the  Committee's  decision.  He  was  in- 
structed by  Ryckman,  "Sam,  you  go  out  and 
harangue  the  crowd  while  we  make  ready  to  move." 
Brannan  was  an  ideal  man  for  just  such 'a  purpose. 
He  was  of  an  engaging  personality,  of  coarse 
fiber,  possessed  of  a  keen  sense  of  humor,  a  com- 
plete knowledge  of  crowd  psychology,  and  a 
command  of  ribald  invective  that  carried  far. 
He  spoke  for  some  time,  and  at  the  conclusion 
boldly  asked  the  crowd  whether  or  not  the  Com- 
mittee's action  met  with  its  approval.  The 
response  was  naturally  very  much  mixed,  but 
like  a  true  politician  Sam  took  the  result  he 
wanted.  They  found  the  lovers  of  order  had 
already  procured  for  them  two  ropes,  and  had 
gathered  into  some  sort  of  coherence.  The 
procession  marched  to  the  Plaza  where  Jenkins 


156  THE  FORTY-NINERS 

was  duly  hanged.  The  lawless  element  gathered 
at  the  street  corners,  and  at  least  one  abortive 
attempt  at  rescue  was  started.  But  promptness 
of  action  combined  with  the  uncertainty  of  the 
situation  carried  the  Committee  successfully 
through.  The  coroner's  jury  next  day  brought  in 
a  verdict  that  the  deceased  "came  to  his  death  on 
the  part  of  an  association  styling  themselves  a 
Committee  on  Vigilance,  of  whom  the  following 
members  are  implicated."  And  then  followed  nine 
names.  The  Committee  immediately  countered 
by  publishing  its  roster  of  one  hundred  and  eighty 
names  in  full. 

The  organization  that  was  immediately  per- 
fected was  complete  and  interesting.  This  was 
an  association  that  was  banded  together  and  close- 
knit,  and  not  merely  a  loose  body  of  citizens.  It 
had  headquarters,  company  organizations,  police, 
equipment,  laws  of  its  own,  and  a  regular  routine 
for  handling  the  cases  brought  before  it.  Its  police 
force  was  large  and  active.  Had  the  Vigilance 
movement  in  California  begun  and  ended  with  the 
Committee  of  1851,  it  would  be  not  only  necessary 
but  most  interesting  to  follow  its  activities  in  detail. 
But,  as  it  was  only  the  forerunner  and  trail-blazer 
for  the  greater  activities  of  1856,  we  must  save  our 


THE  VIGILANTES  OF  '51  157 

space  and  attention  for  the  latter.  Suffice  it  to 
say  that,  with  only  nominal  interference  from  the 
law,  the  first  Committee  hanged  four  people  and 
banished  a  great  many  more  for  the  good  of  their 
country.  Fifty  executions  in  the  ordinary  way 
would  have  had  little  effect  on  the  excited  populace 
of  the  time;  but  in  the  peculiar  circumstances 
these  four  deaths  accomplished  a  moral  regenera- 
tion. This  revival  of  public  conscience  could  not 
last  long,  to  be  sure,  but  the  worst  criminals  were, 
at  least  for  the  time  being,  cowed. 

Spasmodic  efforts  toward  coherence  were  made 
by  the  criminals,  but  these  attempts  all  proved 
abortive.  Inflammatory  circulars  and  newspaper 
articles,  small  gatherings,  hidden  threats,  were 
all  freely  indulged  in.  At  one  time  a  rescue  of 
two  prisoners  was  accomplished,  but  the  Monu- 
mental bell  called  together  a  determined  band 
of  men  who  had  no  great  difficulty  in  reclaiming 
their  own.  The  Governor  of  the  State,  secretly  in 
sympathy  with  the  purposes  of  the  Committee, 
was  satisfied  to  issue  a  formal  proclamation. 

It  must  be  repeated  that,  were  it  not  for  the 
later  larger  movement  of  1856,  this  Vigilance 
Committee  would  merit  more  extended  notice. 
It  gave  a  lead,  however,  and  a  framework  on 


158  THE  FORTY-NINERS 

which  the  Vigilance  Committee  of  1856  was  built. 
It  proved  that  the  better  citizens,  if  aroused, 
could  take  matters  into  their  own  hands.  But 
the  opposing  forces  of  1851  were  very  different 
from  those  of  five  years  later.  And  the  transition 
from  the  criminal  of  1851  to  the  criminal  of  1856 
is  the  history  of  San  Francisco  between  those  two 
dates. 


CHAPTER  XII 

SAN  FRANCISCO  IN  TRANSITION 

BY  the  mid-fifties  San  Francisco  had  attained 
the  dimensions  of  a  city.  Among  other  changes 
of  public  interest  within  the  brief  space  of  two 
or  three  years  were  a  hospital,  a  library,  a  ceme- 
tery, several  churches,  public  markets,  bathing 
establishments,  public  schools,  two  race-courses, 
twelve  wharves,  five  hundred  and  thirty-seven 
saloons,  and  about  eight  thousand  women  of 
several  classes.  The  population  was  now  about 
fifty  thousand.  The  city  was  now  of  a  fairly  sub- 
stantial character,  at  least  in  the  down-town  dis- 
tricts. There  were  many  structures  of  brick  and 
stone.  In  many  directions  the  sand-hills  had  been 
conveniently  graded  down  by  means  of  a  power 
shovel  called  the  Steam  Paddy  in  contradistinc- 
tion to  the  hand  Paddy,  or  Irishman  with  a  shovel. 
The  streets  were  driven  straight  ahead  regardless 
of  contours.  It  is  related  that  often  the  inhabi- 

159 


160  THE  FORTY-NINERS 

tants  of  houses  perched  on  the  sides  of  the  sand- 
hills would  have  to  scramble  to  safety  as  their 
dwellings  rolled  down  the  bank,  undermined  by 
some  grading  operation  below.  A  water  system 
had  been  established,  the  nucleus  of  the  present 
Spring  Valley  Company.  The  streets  had  nearly 
all  been  planked,  and  private  enterprise  had 
carried  the  plank  toll-road  even  to  the  Mission 
district.  The  fire  department  had  been  brought 
to  a  high  state  of  perfection.  The  shallow  waters 
of  the  bay  were  being  filled  up  by  the  rubbish 
from  the  town  and  by  the  debris  from  the  opera- 
tions of  the  Steam  Paddies.  New  streets  were 
formed  on  piles  extended  out  into  the  bay.  Houses 
were  erected,  also  on  piles  and  on  either  side  of 
these  marine  thoroughfares.  Gradually  the  rub- 
bish filled  the  skeleton  framework.  Occasionally 
old  ships,  caught  by  this  seaward  invasion,  were 
built  around,  and  so  became  integral  parts  of  the 
city  itself. 

The  same  insistent  demand  that  led  to  increasing 
the  speed  of  the  vessels,  together  with  the  fact 
that  it  cost  any  ship  from  one  hundred  to  two 
hundred  dollars  a  day  to  lie  at  any  of  the  wharves, 
developed  an  extreme  efficiency  in  loading  and 
unloading  cargoes.  Hittell  says  that  probably 


SAN  FRANCISCO  IN  TRANSITION      161 

in  no  port  of  the  world  could  a  ship  be  emptied  as 
quickly  as  at  San  Francisco.  For  the  first  and  last 
time  in  the  history  of  the  world  the  profession  of 
stevedore  became  a  distinguished  one.  In  addition 
to  the  overseas  trade,  there  were  now  many  ships, 
driven  by  sail  or  steam,  plying  the  local  routes. 
Some  of  the  river  steamboats  had  actually  been 
brought  around  the  Horn.  Their  free-board  had 
been  raised  by  planking-in  the  lower  deck,  and 
thus  these  frail  vessels  had  sailed  their  long  and 
stormy  voyage  —  truly  a  notable  feat. 

It  did  not  pay  to  hold  goods  very  long.  Eastern 
shippers  seemed,  by  a  curious  unanimity,  to  send 
out  many  consignments  of  the  same  scarcity.  The 
result  was  that  the  high  prices  of  today  would  be 
utterly  destroyed  by  an  oversupply  of  tomorrow. 
It  was  thus  to  the  great  advantage  of  every  merchant 
to  meet  his  ship  promptly,  and  to  gain  knowledge 
as  soon  as  possible  of  the  cargo  of  the  incoming; 
vessels.  For  this  purpose  signal  stations  were 
established,  rowboat  patrols  were  organized,  and 
many  other  ingenious  schemes  was  applied  to  the 
secret  service  of  the  mercantile  business.  Both  in 
order  to  save  storage  and  to  avoid  the  possibility 
of  loss  from  new  shipments  coming  in,  the  goods 
were  auctioned  off  as  soon  as  they  were  landed. 


162  THE  FORTY-NINERS 

These  auctions  were  most  elaborate  institutions 
involving  brass  bands,  comfortable  chairs,  elo- 
quent "spielers,"  and  all  the  rest.  They  were  a 
feature  of  the  street  life,  which  in  turn  had  an 
interest  all  its  own.  The  planking  threw  back  a 
hollow  reverberating  sound  from  the  various 
vehicles.  There  seemed  to  be  no  rules  of  the 
road.  Omnibuses  careered  along,  every  window 
rattling  loudly;  drays  creaked  and  strained;  non- 
descript delivery  wagons  tried  to  outrattle  the 
omnibuses;  horsemen  picked  their  way  amid  the 
melee.  The  din  was  described  as  something  ex- 
traordinary—  hoofs  drumming,  wheels  rumbling, 
oaths  and  shouts,  and  from  the  sidewalk  the  blare 
and  bray  of  brass  bands  before  the  various  auction 
shops.  Newsboys  and  bootblacks  darted  in  all 
directions.  Cigar  boys,  a  peculiar  product  of 
the  time,  added  to  the  hubbub.  Bootblacking 
stands  of  the  most  elaborate  description  were 
kept  by  French  and  Italians.  The  town  was  full 
of  characters  who  delighted  in  their  own  eccen- 
tricities, and  who  were  always  on  public  view, 
One  individual  possessed  a  remarkably  intelligent 
pony  who  every  morning,  without  guidance  from 
his  master,  patronized  one  of  the  shoe-blacking 
stands  to  get  his  front  hoofs  polished.  He  pre- 


SAN  FRANCISCO  IN  TRANSITION      163 

sented  each  one  in  turn  to  the  foot-rest,  and  stood 
like  a  statue  until  the  job  was  done. 

Some  of  the  numberless  saloons  already  showed 
signs  of  real  magnificence.  Mahogany  bars  with 
brass  rails,  huge  mirrors  in  gilt  frames,  pyramids 
of  delicate  crystal,  rich  hangings,  oil  paintings  of 
doubtful  merit  but  indisputable  interest,  heavy 
chandeliers  of  glass  prisms,  the  most  elaborate 
of  free  lunches,  skillful  barkeepers  who  mixed 
drinks  at  arm's  length,  were  common  to  all  the 
better  places.  These  things  would  not  be  so 
remarkable  in  large  cities  at  the  present  time,  but 
in  the  early  Fifties,  only  three  years  after  the  tent 
stage,  and  thousands  of  miles  from  the  nearest 
civilization,  the  enterprise  that  was  displayed 
seemed  remarkable.  The  question  of  expense  did 
not  stop  these  early  worthies.  Of  one  saloon- 
keeper it  is  related  that,  desiring  a  punch  bowl 
and  finding  that  the  only  vessel  of  the  sort  was  a 
soup-tureen  belonging  to  a  large  and  expensive 
dinner  set,  he  bought  the  whole  set  for  the  sake  of 
the  soup-tureen.  Some  of  the  more  pretentious 
places  boasted  of  special  attractions:  thus  one 
supported  its  ceiling  on  crystal  pillars;  another 
had  dashing  young  women  to  serve  the  drinks, 
though  the  mixing  was  done  by  men  as  usual; 


164  THE  FORTY-NINERS 

a  third  possessed  a  large  musical-box  capable  of 
playing  several  very  noisy  tunes;  a  fourth  had 
imported  a  marvelous  piece  of  mechanism  run 
by  clockwork  which  exhibited  the  sea  in  motion, 
a  ship  tossing  on  the  waves,  on  shore  a  windmill 
in  action,  a  train  of  cars  passing  over  a  bridge, 
a  deer  chased  by  hounds,  and  the  like. 

But  these  barrooms  were  a  totally  different 
institution  from  the  gambling  resorts.  Although 
gambling  was  not  now  considered  the  entirely 
worthy  occupation  of  a  few  years  previous,  and  al- 
though some  of  the  better  citizens,  while  frequenting 
the  gambling  halls,  still  preferred  to  do  their  own 
playing  in  semi-private,  the  picturesqueness  and 
glory  of  these  places  had  not  yet  been  dimmed  by 
any  general  popular  disapproval.  The  gambling 
halls  were  not  only  places  to  risk  one's  fortune, 
but  they  were  also  a  sort  of  evening  club.  They 
usually  supported  a  raised  stage  with  footlights, 
a  negro  minstrel  troop,  or  a  singer  or  so.  On  one 
side  elaborate  bars  of  rosewood  or  mahogany  ran 
the  entire  length,  backed  by  big  mirrors  of  French 
plate.  The  whole  of  the  very  large  main  floor 
was  heavily  carpeted.  Down  the  center  generally 
ran  two  rows  of  gambling  tables  offering  various 
games  such  as  faro,  keeno,  roulette,  poker,  and  the 


SAN  FRANCISCO  IN  TRANSITION      165 

dice  games.  Beyond  these  tables,  on  the  opposite 
side  of  the  room  from  the  bar,  were  the  lounging 
quarters,  with  small  tables,  large  easy-chairs, 
settees,  and  fireplaces.  Decoration  was  of  the 
most  ornate.  The  ceilings  and  walls  were  gener- 
ally white  with  a  great  deal  of  gilt.  All  classes 
of  people  frequented  these  places  and  were  wel- 
comed there.  Some  were  dressed  in  the  height 
of  fashion,  and  some  wore  the  roughest  sort  of 
miners'  clothes  —  floppy  old  slouch  hats,  flannel 
shirts,  boots  to  which  the  dried  mud  wTas  clinging 
or  from  which  it  fell  to  the  rich  carpet.  All  were 
considered  on  an  equal  plane.  The  professional 
gamblers  came  to  represent  a  type  of  their  own, 
—  weary,  indifferent,  pale,  cool  men,  who  had  not 
only  to  keep  track  of  the  game  and  the  bets, 
but  also  to  assure  control  over  the  crowd  about 
them.  Often  in  these  places  immense  sums  were 
lost  or  won;  often  in  these  places  occurred  crimes 
of  shooting  and  stabbing;  but  also  into  these 
places  came  many  men  who  rarely  drank  or  gam- 
bled at  all.  They  assembled  to  enjoy  each  other's 
company,  the  brightness,  the  music,  and  the  soci- 
able warmth. 

On  Sunday  the  populace  generally  did  one  of  two 
things:  either  it  sallied  out  in  small  groups  into 


166  THE  FORTY-NINERS 

the  surrounding  country  on  picnics  or  celebrations 
at  some  of  the  numerous  road-houses ;  or  it  swarmed 
out  the  plank  toll-road  to  the  Mission.  To  the 
newcomer  the  latter  must  have  been  much  the 
more  interesting.  There  he  saw  a  congress  of 
all  the  nations  of  the  earth:  French,  Germans, 
Italians,  Russians,  Dutchmen,  British,  Turks, 
Arabs,  Negroes,  Chinese,  Kanakas,  Indians,  the 
gorgeous  members  of  the  Spanish  races,  and  all 
sorts  of  queer  people  to  whom  no  habitat  could  be 
assigned.  Most  extraordinary  perhaps  were  the 
men  from  the  gold  mines  of  the  Sierras.  The 
miners  had  by  now  distinctly  segregated  them- 
selves from  the  rest  of  the  population.  They  led  a 
hardier,  more  laborious  life  and  were  proud  of  the 
fact.  They  attempted  generally  to  differentiate 
themselves  in  appearance  from  all  the  rest  of  the 
human  race,  and  it  must  be  confessed  that  they 
succeeded.  The  miners  were  mostly  young  and 
wore  their  hair  long,  their  beards  rough;  they 
walked  with  a  wide  swagger;  their  clothes  were 
exaggeratedly  coarse,  but  they  ornamented  them- 
selves with  bright  silk  handkerchiefs,  feathers, 
flowers,  with  squirrel  or  buck  tails  in  their  hats, 
with  long  heavy  chains  of  nuggets,  with  glitter- 
ing and  prominently  displayed  pistols,  revolvers, 


SAN  FRANCISCO  IN  TRANSITION      167 

stilettos,  knives,  and  dirks.  Some  even  plaited 
their  beards  in  three  tails,  or  tied  their  long  hair 
under  their  chins;  but  no  matter  how  bizarre  they 
made  themselves,  nobody  on  the  streets  of  blase 
San  Francisco  paid  the  slightest  attention  to  them. 
The  Mission,  which  they,  together  with  the  crowd, 
frequented,  was  a  primitive  Coney  Island.  Bear 
pits,  cockfights,  theatrical  attractions,  side-shows, 
innumerable  hotels  and  small  restaurants,  saloons, 
races,  hammer-striking,  throwing  balls  at  negroes' 
heads,  and  a  hundred  other  attractions  kept  the 
crowds  busy  and  generally  good-natured.  If  a 
fight  arose,  "it  was,"  as  the  Irishman  says,  "con- 
sidered a  private  fight,"  and  nobody  else  could 
get  in  it.  Such  things  were  considered  matters 
for  the  individuals  themselves  to  settle. 

The  great  feature  of  the  time  was  its  extrava- 
gance. It  did  not  matter  whether  a  man  was  a 
public  servant,  a  private  and  respected  citizen, 
or  from  one  of  the  semi-public  professions  that 
cater  to  men's  greed  and  dissipation,  he  acted  as 
though  the  ground  beneath  his  feet  were  solid 
gold.  The  most  extravagant  public  works  were 
undertaken  without  thought  and  without  plan. 
The  respectable  women  vied  in  the  magnificence 
and  ostentation  of  their  costumes  with  the  women 


168  THE  FORTY-NINERS 

of  the  lower  world.  Theatrical  attractions  at  high 
prices  were  patronized  abundantly.  Balls  of  great 
magnificence  were  given  almost  every  night.  Pri- 
vate carriages  of  really  excellent  appointment  were 
numerous  along  the  disreputable  planked  roads  or 
the  sandy  streets  strewn  with  cans  and  garbage. 

The  feverish  life  of  the  times  reflected  itself 
domestically.  No  live  red-blooded  man  could  be 
expected  to  spend  his  evenings  reading  a  book 
quietly  at  home  while  all  the  magnificent,  splendid, 
seething  life  of  down-town  was  roaring  in  his 
ears.  All  his  friends  would  be  out;  all  the  news 
of  the  day  passed  around;  all  the  excitements  of 
the  evening  offered  themselves.  It  was  too  much 
to  expect  of  human  nature.  The  consequence  was 
that  a  great  many  young  wives  were  left  alone, 
with  the  ultimate  result  of  numerous  separations 
and  divorces.  The  moral  nucleus  of  really  re- 
spectable society  —  and  there  was  a  noticeable 
one  even  at  that  time  —  was  overshadowed  and 
swamped  for  the  moment.  Such  a  social  life  as 
this  sounds  decidedly  immoral  but  it  was  really 
unmoral,  with  the  bright,  eager,  attractive  un- 
morality  of  the  vigorous  child.  In  fact,  in  that 
society,  as  some  one  has  expressed  it,  everything 
was  condoned  except  meanness. 


SAN  FRANCISCO  IN  TRANSITION      169 

It  was  the  era  of  the  grandiose.  Even  conversa- 
tion reflected  this  characteristic.  The  myriad 
bootblacks  had  grand  outfits  and  stands.  The 
captain  of  a  ship  offered  ten  dollars  to  a  negro 
to  act  as  his  cook.  The  negro  replied,  "If  you 
will  walk  up  to  my  restaurant,  I'll  set  you  to 
work  at  twenty-five  dollars  immediately."  From 
men  in  such  humble  stations  up  to  the  very  highest 
and  most  respected  citizens  the  spirit  of  gambling, 
of  taking  chances,  was  also  in  the  air. 

As  has  been  pointed  out,  a  large  proportion  of 
the  city's  wealth  was  raised  not  from  taxation 
but  from  the  sale  of  its  property.  Under  the 
heedless  extravagance  of  the  first  government  the 
municipal  debt  rose  to  over  one  million  dollars. 
Since  interest  charged  on  this  was  thirty-six  per 
cent  annually,  it  can  be  seen  that  the  financial 
situation  was  rather  hopeless.  As  the  city  was 
even  then  often  very  short  of  funds,  it  paid  for 
its  work  and  its  improvements  in  certificates  of 
indebtedness,  usually  called  "scrip."  Naturally 
this  scrip  was  held  below  par  —  a  condition  that 
caused  all  contractors  and  supply  merchants  to 
charge  two  or  three  hundred  per  cent  over  the  nor- 
mal prices  for  their  work  and  commodities  in  order 
to  keep  even.  And  this  practice,  completing  the 


170  THE  FORTY-NINERS 

vicious  circle,  increased  the  debt.  An  attempt  was 
made  to  fund  the  city  debt  by  handing  in  the  scrip 
in  exchange  for  a  ten  per  cent  obligation.  This 
method  gave  promise  of  success;  but  a  number  of 
holders  of  scrip  refused  to  surrender  it,  and  brought 
suit  to  enforce  payment.  One  of  these,  a  physician 
named  Peter  Smith,  was  owed  a  considerable 
sum  for  the  care  of  indigent  sick.  He  obtained 
a  judgment  against  the  city,  levied  on  some  of  its 
property,  and  proceeded  to  sell.  The  city  com- 
missioners warned  the  public  that  titles  under 
the  Smith  claim  were  not  legal,  and  proceeded  to 
sell  the  property  on  their  own  account.  The 
speculators  bought  claims  under  Peter  Smith 
amounting  to  over  two  millions  of  dollars  at 
merely  nominal  rates.  For  example,  one  parcel 
of  city  lots  sold  at  less  than  ten  cents  per  lot. 
The  prices  were  so  absurd  that  these  sales  were 
treated  as  a  joke.  The  joke  came  in  on  the  other 
side,  however,  when  the  officials  proceeded  to 
ratify  these  sales.  The  public  then  woke  up  to 
the  fact  that  it  had  been  fleeced.  Enormous 
prices  were  paid  for  unsuitable  property,  os- 
tensibly for  the  uses  of  the  city.  After  the 
money  had  passed,  these  properties  were  often 
declared  unsuitable  and  resold  at  reduced 


SAN  FRANCISCO  IN  TRANSITION      171 

prices    to    people    already   determined    upon   by 
the  ring. 

Nevertheless  commercially  things  went  well 
for  a  time.  The  needs  of  hundreds  of  thousands 
of  newcomers,  in  a  country  where  the  manufac- 
tures were  practically  nothing,  were  enormous. 
It  is  related  that  at  first  laundry  was  sent  as  far  as 
the  Hawaiian  Islands.  Every  single  commodity  of 
civilized  life,  such  as  we  understand  it,  had  to  be 
imported.  As  there  was  then  no  remote  semblance 
of  combination,  either  in  restraint  of  or  in  en- 
couragement of  trade,  it  followed  that  the  market 
must  fluctuate  wildly.  The  local  agents  of  eastern 
firms  were  often  embarrassed  and  overwhelmed  by 
the  ill-timed  consignments  of  goods.  One  Boston 
firm  was  alleged  to  have  sent  out  a  whole  shipload 
of  women's  bonnets  —  to  a  community  where  a 
woman  was  one  of  the  rarest  sights  to  be  found! 
Not  many  shipments  were  as  silly  as  this,  but  the 
fact  remains  that  a  rumor  of  a  shortage  in  any 
commodity  would  often  be  followed  by  rush 
orders  on  clipper  ships  laden  to  the  guards  with 
that  same  article.  As  a  consequence  the  bottom 
fell  out  of  the  market  completely,  and  the  un- 
fortunate consignee  found  himself  forced  to  auc- 
tion off  the  goods  much  below  cost. 


172  THE  FORTY-NINERS 

During  the  year  1854,  the  tide  of  prosperity  be- 
gan to  ebb.  A  dry  season  caused  a  cessation  of 
mining  in  many  parts  of  the  mountains.  Of  course 
it  can  be  well  understood  that  the  immense  pros- 
perity of  the  city,  the  prosperity  that  allowed  it  to 
recover  from  severe  financial  disease,  had  its  spring 
in  the  placer  mines.  A  constant  stream  of  fresh 
gold  was  needed  to  shore  up  the  tottering  com- 
mercial structure.  With  the  miners  out  of  the 
diggings,  matters  changed.  The  red-shirted  digger 
of  gold  had  little  idea  of  the  value  of  money. 
Many  of  them  knew  only  the  difference  between 
having  money  and  having  none.  They  had  to  have 
credit,  which  they  promptly  wasted.  Extending 
credit  to  the  miners  made  it  necessary  that  credit 
should  also  be  extended  to  the  sellers,  and  so  on 
back.  Meanwhile  the  eastern  shippers  continued 
to  pour  goods  into  the  flooded  market.  An  auc- 
tion brought  such  cheap  prices  that  they  proved 
a  temptation  even  to  an  overstocked  public. 
The  gold  to  pay  for  purchases  went  east,  draining 
the  country  of  bullion.  One  or  two  of  the  sup- 
posedly respectable  and  polished  citizens  such  as 
Talbot  Green  and  "honest  Harry  Meiggs"  fell 
by  the  wayside.  The  confidence  of  the  new  com- 
munity began  to  be  shaken.  In  1854  came  the 


SAN  FRANCISCO  IN  TRANSITION      173 

crisis.  Three  hundred  out  of  about  a  thousand 
business  houses  shut  down.  Seventy-seven  filed 
petitions  in  insolvency  with  liabilities  for  many 
millions  of  dollars.  In  1855  one  hundred  and 
ninety-seven  additional  firms  and  several  banking 
houses  went  under. 

There  were  two  immediate  results  of  this  state 
of  affairs.  In  the  first  place,  every  citizen  became 
more  intensely  interested  and  occupied  with  his 
own  personal  business  than  ever  before;  he  had 
less  time  to  devote  to  the  real  causes  of  trouble, 
that  is  the  public  instability;  and  he  grew  rather 
more  selfish  and  suspicious  of  his  neighbor  than 
ever  before.  The  second  result  was  to  attract 
the  dregs  of  society.  The  pickings  incident  to 
demoralized  conditions  looked  rich  to  these  men. 
Professional  politicians,  shyster  lawyers,  political 
gangsters,  flocked  to  the  spoil.  In  1851  the  law- 
lessness of  mere  physical  violence  had  come  to  a 
head.  By  1855  and  1856  there  was  added  to  a 
recrudescence  of  this  disorder  a  lawlessness  of 
graft,  of  corruption,  both  political  and  financial, 
and  the  overbearing  arrogance  of  a  self-made 
aristocracy.  These  conditions  combined  to  bring 
about  a  second  crisis  in  the  precarious  life  of  this 
new  society. 


CHAPTER  XIII 

THE    STORM   GATHERS 

THE  foundation  of  trouble  in  California  at  this  time 
was  formal  legalism.  Legality  was  made  a  fetish. 
The  law  was  a  game  played  by  lawyers  and  not  an 
attempt  to  get  justice  done.  The  whole  of  public 
prosecution  was  in  the  hands  of  one  man,  generally 
poorly  paid,  with  equally  underpaid  assistants, 
while  the  defense  was  conducted  by  the  ablest  and 
most  enthusiastic  men  procurable.  It  followed  that 
convictions  were  very  few.  To  lose  a  criminal  case 
was  considered  even  mildly  disgraceful.  It  was  a 
point  of  professional  pride  for  the  lawyer  to  get  his 
client  free,  without  reference  to  the  circumstances 
of  the  time  or  the  guilt  of  the  accused.  To  fail  was 
a  mark  of  extreme  stupidity,  for  the  game  was  con- 
sidered an  easy  and  fascinating  one.  The  whole 
battery  of  technical  delays  was  at  the  command  of 
the  defendant.  If  a  man  had  neither  the  time  nor 
the  energy  for  the  finesse  that  made  the  interest  of 

174 


THE  STORM  GATHERS  175 

the  game,  he  could  always  procure  interminable 
delays  during  which  witnesses  could  be  scattered 
or  else  wearied  to  the  point  of  non-appearance. 
Changes  of  venue  to  courts  either  prejudiced  or 
known  to  be  favorable  to  the  technical  interpre- 
tation of  the  law  were  very  easily  procured.  Even 
of  shadier  expedients,  such  as  packing  juries,  there 
was  no  end. 

With  these  shadier  expedients,  however,  your 
high-minded  lawyer,  moving  in  the  best  society, 
well  dressed,  proud,  looked  up  to,  and  today 
possessing  descendants  who  gaze  back  upon  their 
pioneer  ancestors  with  pride,  had  little  directly  to 
do.  He  called  in  as  counsel  other  lawyers,  not 
so  high-minded,  so  honorable,  so  highly  placed. 
These  little  lawyers,  shoulder-strikers,  bribe-givers 
and  takers,  were  held  in  good-humored  contempt 
by  the  legal  lights  who  employed  them.  The 
actual  dishonesty  was  diluted  through  so  many 
agents  that  it  seemed  an  almost  pure  stream  of 
lofty  integrity.  Ordinary  jury-packing  was  an 
easy  art.  Of  course  the  sheriff's  office  must  con- 
nive at  naming  the  talesmen;  therefore  it  was 
necessary  to  elect  the  sheriff;  consequently  all  the 
lawyers  were  in  politics.  Of  course  neither  the 
lawyer  nor  the  sheriff  himself  ever  knew  of  any 


176  THE  FORTY-NINEIIS 

individual  transaction!  A  sum  of  money  was 
handed  by  the  leading  counsel  to  his  next  in 
command  and  charged  off  as  "expense."  This 
fund  emerged  considerably  diminished  in  the 
sheriff's  office  as  "perquisites." 

Such  were  the  conditions  in  the  realm  of  criminal 
law,  the  realm  where  the  processes  became  so  stand- 
ardized that  between  1849  and  1856  over  one  thou- 
sand murders  had  been  committed  and  only  one 
legal  conviction  had  been  secured !  Dueling  was  a 
recognized  institution,  and  a  skillful  shot  could 
always  "get"  his  enemy  in  this  formal  manner;  but 
if  time  or  skill  lacked,  it  was  still  perfectly  safe  to 
shoot  him  down  in  a  street  brawl  —  provided  one 
had  money  enough  to  employ  talent  for  defense. 

But,  once  in  politics,  the  law  could  not  stop  at 
the  sheriff's  office.  It  rubbed  shoulders  with 
big  contracts  and  big  financial  operations  of  all 
sorts.  The  city  was  being  built  within  a  few 
years  out  of  nothing  by  a  busy,  careless,  and  shift- 
ing population.  Money  was  still  easy,  people 
could  and  did  pay  high  taxes  without  a  thought, 
for  they  would  rather  pay  well  to  be  let  alone  than 
be  bothered  with  public  affairs.  Like  hyenas  to  a 
kill,  the  public  contractors  gathered.  Immense 
public  works  were  undertaken  at  enormous  prices. 


THE  STORM  GATHERS  177 

To  get  their  deals  through  legally  it  was,  of  course, 
necessary  that  officials,  councilmen,  engineers,  and 
others  should  be  sympathetic.  So,  naturally,  the 
big  operators  as  well  as  the  big  lawyers  had 
to  go  into  politics.  Legal  efficiency  coupled  with 
the  inefficiency  of  the  bench,  legal  corruption, 
and  the  arrogance  of  personal  favor,  dissolved 
naturally  into  political  corruption. 

The  elections  of  those  days  would  have  been  a 
joke  had  they  been  not  so  tragically  significant. 
They  came  to  be  a  sheer  farce.  The  polls  were 
guarded  by  bullies  who  did  not  hesitate  at  command 
to  manhandle  any  decent  citizen  indicated  by  the 
local  leaders.  Such  men  were  openly  hired  for  the 
purposes  of  intimidation.  Votes  could  be  bought 
in  the  open  market.  "Floaters"  were  shame- 
lessly imported  into  districts  that  might  prove 
doubtful;  and,  if  things  looked  close,  the  election 
inspectors  and  the  judges  could  be  relied  on  to 
make  things  come  out  all  right  in  the  final  count. 
One  of  the  exhibits  later  shown  in  the  Vigilante 
days  of  1856  was  an  ingenious  ballot  box  by  which 
the  goats  could  be  segregated  from  the  sheep  as  the 
ballots  were  cast.  You  may  be  sure  that  the  sheep 
were  the  only  ones  counted.  Election  day  was  one 
of  continuous  whiskey  drinking  and  brawling  so 


178  THE  FORTY-NINERS 

that  decent  citizens  were  forced  to  remain  within 
doors.  The  returns  from  the  different  wards  were 
announced  as  fast  as  the  votes  were  counted.  It 
was  therefore  the  custom  to  hold  open  certain 
wards  until  the  votes  of  all  the  others  were  known. 
Then  whatever  tickets  were  lacking  to-  secure  the 
proper  election  were  counted  from  the  packed 
ballot  box  in  the  sure  ward.  In  this  manner  five 
hundred  votes  were  once  returned  from  Crystal 
Springs  precinct  where  there  dwelt  not  over  thirty 
voters.  If  some  busybody  made  enough  of  a  row 
to  get  the  merry  tyrants  into  court,  there  were 
always  plenty  of  lawyers  who  could  play  the  ultra- 
technical  so  well  that  the  accused  were  not  only  re- 
leased but  were  returned  as  legally  elected  as  well. 
With  the  proper  officials  in  charge  of  the  execu- 
tive end  of  the  government  and  with  a  trained  crew 
of  lawyers  making  their  own  rules  as  they  went 
along,  almost  any  crime  of  violence,  corruption, 
theft,  or  the  higher  grades  of  finance  could  be 
committed  with  absolute  impunity.  The  state  of 
the  public  mind  became  for  a  while  apathetic. 
After  numberless  attempts  to  obtain  justice,  the 
public  fell  back  with  a  shrug  of  the  shoulders.  The 
men  of  better  feeling  found  themselves  helpless. 
As  each  man's  safety  and  ability  to  resent  insult 


THE  STORM  GATHERS  179 

depended  on  his  trigger  finger,  the  newspapers  of 
that  time  made  interesting  but  scurrilous  and 
scandalous  reading.  An  appetite  for  personalities 
developed,  and  these  derogatory  remarks  ordinarily 
led  to  personal  encounters.  The  streets  became 
battle-grounds  of  bowie-knives  and  revolvers,  as 
rivals  hunted  each  other  out.  This  picture  may 
seem  lurid  and  exaggerated,  but  the  cold  statistics 
of  the  time  supply  all  the  details. 

The  politicians  of  the  day  were  essentially 
fighting  men.  The  large  majority  were  low-grade 
Southerners  who  had  left  their  section,  urged 
by  unmistakable  hints  from  their  fellow-citizens. 
The  political  life  of  early  California  was  colored 
very  largely  by  the  pseudo-chivalry  which  these 
people  used  as  a  cloak.  They  used  the  Southern 
code  for  their  purposes  very  thoroughly,  and 
bullied  their  way  through  society  in  a  swash- 
buckling manner  that  could  not  but  arouse  admi- 
ration. There  were  many  excellent  Southerners 
in  California  in  those  days,  but  from  the  very  start 
their  influence  was  overshadowed  by  the  more 
unworthy.  Unfortunately,  later  many  of  the 
better  class  of  Southerners,  yielding  to  prejudice 
and  sectional  feeling,  joined  the  so-called  "Law 
and  Order"  party. 


180  THE  FORTY-NINERS 

It  must  be  remembered,  however,  that  whereas 
the  active  merchants  and  industrious  citizens  were 
too  busy  to  attend  to  local  politics,  the  professional 
low-class  Southern  politician  had  come  out  to  Cali- 
fornia for  no  other  purpose.  To  be  successful,  he 
had  to  be  a  fighting  man.  His  revolver  and  his 
bowie-knife  were  part  of  his  essential  equipment. 
He  used  the  word  "honor"  as  a  weapon  of  defense, 
and  battered  down  opposition  in  the  most  high- 
mannered  fashion  by  the  simple  expedient  of  claim- 
ing that  he  had  been  insulted.  The  fire-eater  was 
numerous  in  those  days.  He  dressed  well,  had 
good  manners  and  appearance,  possessed  abun- 
dant leisure,  and  looked  down  scornfully  on  those 
citizens  who  were  busy  building  the  city,  "low 
Yankee  shopkeepers"  being  his  favorite  epithet. 

Examined  at  close  range,  in  contemporary  docu- 
ments, this  individual  has  about  him  little  of 
romance  and  nothing  whatever  admirable.  It 
would  be  a  great  pity,  were  mistaken  sentimentality 
allowed  to  clothe  him  in  the  same  bright-hued 
garments  as  the  cavaliers  of  England  in  the  time 
of  the  Stuarts.  It  would  be  an  equal  pity,  were 
the  casual  reader  to  condemn  all  who  eventually 
aligned  themselves  against  the  Vigilance  move- 
ment as  of  the  same  stripe  as  the  criminals  who 


THE  STORM  GATHERS  181 

menaced  society.  There  were  many  worthy  people 
whose  education  thoroughly  inclined  them  towards 
formal  law,  and  who,  therefore,  when  the  actual 
break  came,  found  themselves  supporting  law 
instead  of  justice. 

As  long  as  the  country  continued  to  enjoy  the 
full  flood  of  prosperity,  these  things  did  not  greatly 
matter.  The  time  was  individualistic,  and  every 
man  was  supposed  to  take  care  of  himself.  But  in 
the  year  1855  financial  stringency  overtook  the 
new  community.  For  lack  of  water  many  of  the 
miners  had  stopped  work  and  had  to  ask  for  credit 
in  buying  their  daily  necessities.  The  country 
stores  had  to  have  credit  from  the  city  because  the 
miners  could  not  pay,  and  the  wholesalers  of  the 
city  again  had  to  ask  extension  from  the  East 
until  their  bills  were  met  by  the  retailers.  The 
gold  of  the  country  went  East  to  pay  its  bills. 
Further  to  complicate  the  matter,  all  banking 
was  at  this  time  done  by  private  firms.  These 
could  take  deposits  and  make  loans  and  could  issue 
exchange,  but  they  could  not  issue  bank-notes. 
Therefore  the  currency  was  absolutely  inelastic. 

Even  these  conditions  failed  to  shake  the  public 
optimism,  until  out  of  a  clear  sky  came  announce- 
ment that  Adams  and  Company  had  failed.  Adams 


182  THE  FORTY-NINERS 

and  Company  occupied  in  men's  minds  much  the 
same  position  as  the  Bank  of  England.  If  Adams 
and  Company  were  vulnerable,  then  nobody  was 
secure.  The  assets  of  the  bankrupt  firm  were 
turned  over  to  one  Alfred  Cohen  as  receiver,  with 
whom  Jones,  a  member  of  the  firm  of  Palmer, 
Cook,  and  Company,  and  a  third  individual  were 
associated  as  assignees.  On  petition  of  other 
creditors  the  judge  of  the  district  court  removed 
Cohen  and  appointed  one  Naglee  in  his  place. 
This  new  man,  Naglee,  on  asking  for  the  assets 
was  told  that  they  had  been  deposited  with  Palmer, 
Cook,  and  Company.  The  latter  firm  refused  to 
give  them  up,  denying  Naglee's  jurisdiction  in  the 
matter.  Naglee  then  commenced  suit  against 
the  assignees  and  obtained  a  judgment  against 
them  for  $269,000.  On  their  refusal  to  pay  over 
this  sum,  Jones  and  Cohen  were  taken  into  cus- 
tody. But  Palmer,  Cook,  and  Company  influenced 
the  courts,  as  did  about  every  large  mercantile  or 
political  firm.  They  soon  secured  the  release  of 
the  prisoners,  and  in  the  general  scramble  for  the 
assets  of  Adams  and  Company  they  secured  the 
lion's  share. 

It  was  the  same  old  story.     An  immense  amount 
of  money  had  disappeared.   Nobody  had  been  pun- 


THE  STORM  GATHERS  183 

• 

ished,  and  it  was  all  strictly  legal.  Failures  resulted 
right  and  left.  Even  Wells,  Fargo,  and  Company 
closed  their  doors  but  reopened  them  within  a 
few  days.  There  was  much  excitement  which 
would  probably  have  died  as  other  excitement  had 
died  before,  had  not  the  times  produced  a  voice  of 
compelling  power.  This  voice  spoke  through  an 
individual  known  as  James  King  of  William. 

King  was  a  man  of  keen  mind  and  dauntless 
courage,  wTho  had  tried  his  luck  briefly  at  the 
mines,  realized  that  the  physical  work  was  too 
much  for  him,  and  had  therefore  returned  to 
mercantile  and  banking  pursuits  in  San  Francisco. 
His  peculiar  name  was  said  to  be  due  to  the  fact 
that  at  the  age  of  sixteen,  finding  another  James 
King  in  his  immediate  circle,  he  had  added  his 
father's  name  as  a  distinguishing  mark.  He  was 
rarely  mentioned  except  with  the  full  designation — 
James  King  of  William.  On  his  return  he  opened  a 
private  banking-house,  brought  out  his  family,  and 
entered  the  life  of  the  town.  For  a  time  his  bank- 
ing career  prospered  and  he  acquired  a  moderate 
fortune,  but  in  1854  unwise  investments  forced 
him  to  close  his  office.  In  a  high-minded  fashion, 
very  unusual  in  those  times  and  even  now  somewhat 
rare,  he  surrendered  to  his  creditors  everything  on 


184  THE  FORTY-NINERS 

• 

earth  he  possessed.  He  then  accepted  a  salaried 
position  with  Adams  and  Company,  which  he  held 
until  that  house  also  failed.  Since  to  the  outside 
world  his  connection  with  the  firm  looked  dubious, 
he  exonerated  himself  through  a  series  cf  pam- 
phlets and  short  newspaper  articles.  The  vigor 
and  force  of  their  style  arrested  attention,  so  that 
when  his  dauntless  crusading  spirit,  revolting 
against  the  carnival  of  crime  both  subtle  and 
obvious,  desired  to  edit  a  newspaper,  he  had  no 
difficulty  in  raising  the  small  sum  of  money  neces- 
sary. He  had  always  expressed  his  opinions 
clearly  and  fearlessly,  and  the  public  watched 
with  the  greatest  interest  the  appearance  of  the 
new  sheet. 

The  first  number  of  the  Daily  Evening  Bulletin 
appeared  on  October  8,  1855.  Like  all  papers  of 
that  day  and  like  many  of  the  English  papers  now, 
its  first  page  was  completely  covered  with  small 
advertisements.  A  thin  driblet  of  local  items 
occupied  a  column  on  the  third  and  fourth  pages, 
and  a  single  column  of  editorials  ran  down  the 
second.  As  a  newspaper  it  seemed  beneath  con- 
tempt, but  the  editorials  made  men  sit  up  and  take 
notice.  King  started  with  an  attack  on  Palmer, 
Cook,  and  Company's  methods.  He  said  nothing 


THE  STORM  GATHERS  185 

whatever  about  the  robberies.  He  dealt  exclu- 
sively with  the  excessive  rentals  for  postal  boxes 
charged  the  public  by  Palmer,  Cook,  and  Company. 
That  seemed  a  comparatively  small  and  harmless 
matter,  but  King  made  it  interesting  by  mention- 
ing exact  names,  recording  specific  instances,  avoid- 
ing any  generalities,  and  stating  plainly  that  this 
was  merely  a  beginning  in  the  exposure  of  methods. 
Jones  of  Palmer,  Cook,  and  Company  —  that  same 
Jones  who  had  been  arrested  with  Cohen  —  immed- 
iately visited  King  in  his  office  with  the  object  of 
either  intimidating  or  bribing  him  as  the  circum- 
stances seemed  to  advise.  He  bragged  of  horse- 
whips and  duels,  but  returned  rather  noncommittal. 
The  next  evening  the  Bulletin  reported  Jones's 
visit  simply  as  an  item  of  news,  faithfully,  sarcas- 
tically, and  in  a  pompous  vein.  There  followed 
no  comment  whatever.  The  next  number,  now 
eagerly  purchased  by  every  one,  was  more  interest- 
ing because  of  its  hints  of  future  disclosures  rather 
than  because  of  its  actual  information.  One  of 
the  alleged  scoundrels  was  mentioned  by  name,  and 
then  the  subject  was  dropped.  The  attention  of 
the  City  Marshal  was  curtly  called  to  disorderly 
houses  and  the  statutes  concerning  them,  and  it 
was  added  "  for  his  information"  that  at  a  certain 


186  THE  FORTY-NINERS 

address,  which  was  given,  a  structure  was  then 
actually  being  built  for  improper  purposes.  Then, 
without  transition,  followed  a  list  of  official 
bonds  and  sureties  for  which  Palmer,  Cook,  and 
Company  were  giving  vouchers,  amounting  to  over 
two  millions.  There  were  no  comments  on  this 
list,  but  the  inference  was  obvious  that  the  firm 
had  the  whip-hand  over  many  public  officials. 

The  position  of  the  new  paper  was  soon  formally 
established.  It  possessed  a  large  subscription 
list;  it  was  eagerly  bought  on  its  appearance  in  the 
street;  and  its  advertising  was  increasing.  King 
again  turned  his  attention  to  Palmer,  Cook,  and 
Company.  Each  day  he  explored  succinctly, 
clearly,  without  rhetoric,  some  single  branch  of 
their  business.  By  the  time  he  had  finished  with 
them,  he  had  not  only  exposed  all  their  iniquities, 
but  he  had,  which  was  more  important,  educated 
the  public  to  the  financial  methods  of  the  time. 
It  followed  naturally  in  this  type  of  exposure  that 
King  should  criticize  some  of  the  legal  subterfuges, 
which  in  turn  brought  him  to  analysis  of  the  firm's 
legal  advisers,  who  had  previously  enjoyed  a  good 
reputation.  From  such  subjects  he  drifted  to 
dueling,  venal  newspapers,  and  soon  down  to  the 
ordinary  criminals  such  as  Billy  Mulligan,  Wooley 


THE  STORM  GATHERS  187 

Kearny,  Casey,  Cora,  Yankee  Sullivan,  Ned  Mo 
Gowan,  Charles  Duane,  and  many  others.  Never 
did  he  hesitate  to  specify  names  and  instances. 
He  never  dealt  in  innuendoes.  This  was  bringing 
him  very  close  to  personal  danger,  for  worthies  of 
the  class  last  mentioned  were  the  sort  who  carried 
their  pistols  and  bowie-knives  prominently  dis- 
played and  handy  for  use.  As  yet  no  actual  vio- 
lence had  been  attempted  against  him.  Other 
methods  of  reprisal  that  came  to  his  notice  King 
published  without  comment  as  items  of  news. 

Mere  threats  had  little  effect  in  intimidating 
the  editor.  More  serious  means  were  tried.  A 
dozen  men  publicly  announced  that  they  intended 
to  kill  him  —  and  the  records  of  the  dozen  were 
pretty  good  testimonials  to  their  sincerity.  In  the 
gambling  resorts  and  on  the  streets  bets  were  made 
and  pools  formed  on  the  probable  duration  of 
King's  life.  As  was  his  custom,  he  commented 
even  upon  this.  Said  the  Bulletin's  editorial 
columns:  "Bets  are  now  being  offered,  we  have 
been  told,  that  the  editor  of  the  Bulletin  will  not 
be  in  existence  twenty  days  longer.  And  the  case 
of  Dr.  Hogan  of  the  Vicksburg  paper  who  was 
murdered  by  gamblers  of  that  place  is  cited  as  a 
warning.  Pah!  .  .  .  War  then  is  the  cry,  is  it? 


188  THE  FORTY-NINERS 

War  between  the  prostitutes  and  gamblers  on  one 
side  and  the  virtuous  and  respectable  on  the  other ! 
Be  it  so,  then!  Gamblers  of  San  Francisco,  you 
have  made  your  election  and  we  are  ready  on  our 
side  for  the  issue!"  A  man  named  Selover  sent 
a  challenge  to  King.  King  took  this  occasion  to 
announce  that  he  would  consider  no  challenges 
and  would  fight  no  duels.  Selover  then  announced 
his  intention  of  killing  King  on  sight.  Says  the 
Bulletin:  "Mr.  Selover,  it  is  said,  carries  a  knife. 
We  carry  a  pistol.  We  hope  neither  will  be 
required,  but  if  this  rencontre  cannot  be  avoided, 
why  will  Mr.  Selover  persist  in  imperiling  the 
lives  of  others?  We  pass  every  afternoon  about 
half-past  four  to  five  o'clock  along  Market  Street 
from  Fourth  to  Fifth  Streets.  The  road  is  wide 
and  not  so  much  frequented  as  those  streets 
farther  in  town.  If  we  are  to  be  shot  or  cut  to 
pieces,  for  heaven's  sake  let  it  be  done  there. 
Others  will  not  be  injured,  and  in  case  we  fall  our 
house  is  but  a  few  hundred  yards  beyond  and  the 
cemetery  not  much  farther."  Boldness  such  as 
this  did  not  act  exactly  as  a  soporific. 

About  this  time  was  perpetrated  a  crime  of 
violence  no  worse  than  many  hundreds  which 
had  preceded  it,  but  occurring  at  a  psychological 


THE  STORM  GATHERS  189 

time.  A  gambler  named  Charles  Cora  shot  and 
killed  William  Richardson,  a  United  States 
marshal.  The  shooting  was  cold-blooded  and 
without  danger  to  the  murderer,  for  at  the  time 
Richardson  was  unarmed.  Cora  was  at  once 
hustled  to  jail,  not  so  much  for  confinement  as 
for  safety  against  a  possible  momentary  public 
anger.  Men  had  been  shot  on  the  street  before  — 
many  men,  some  of  them  as  well  known  and  as 
well  liked  as  Richardson  —  but  not  since  public 
sentiment  had  been  aroused  and  educated  as  the 
Bulletin  had  aroused  and  educated  it.  Crowds 
commenced  at  once  to  gather.  Some  talk  of 
lynching  went  about.  Men  made  violent  street- 
corner  speeches.  The  mobs  finally  surged  to 
the  jail,  but  were  firmly  met  by  a  strong  armed 
guard  and  fell  back.  There  was  much  destructive 
and  angry  talk. 

But  to  swing  a  mob  into  action  there  must  be 
determined  men  at  its  head,  and  this  mob  had  no 
leader.  Sam  Brannan  started  to  say  something,  but 
was  promptly  arrested  for  inciting  riot.  Though 
the  situation  was  ticklish,  the  police  seem  to  have 
handled  it  well,  making  only  a  passive  opposition 
and  leaving  the  crowd  to  fritter  its  energies  in 
purposeless  cursing,  surging  to  and  fro,  and  harm- 


190  THE  FORTY-NINERS 

less  threatenings.     Nevertheless  this  crowd  per 
sisted  longer  than  most  of  them. 

The  next  day  the  Bulletin  vigorously  counseled 
dependence  upon  the  law,  expressed  confidence 
in  the  judges  who  were  to  try  the  case  —  Hager 
and  Norton  —  and  voiced  a  personal  belief  that 
the  day  had  passed  when  it  would  ever  be  ne- 
cessary to  resort  to  arbitrary  measures.  It  may 
hence  be  seen  how  far  from  a  contemplation  of 
extra  legal  measures  was  King  in  his  public  at- 
titude. Nevertheless  he  added  a  paragraph  of 
warning:  "Hang  Billy  Mulligan  —  that's  the 
word.  If  Mr.  Sheriff  Scannell  does  not  remove 
Billy  Mulligan  from  his  present  post  as  keeper 
of  the  County  Jail  and  Mulligan  lets  Cora  escape, 
hang  Billy  Mulligan,  and  if  necessary  to  get  rid 
of  the  sheriff,  hang  him  —  hang  the  sheriff!" 

Public  excitement  died.  Conviction  seemed 
absolutely  certain.  Richardson  had  been  a  public 
official  and  a  popular  one.  Cora's  action  had 
been  cold-blooded  and  apparently  without  pro- 
vocation. Nevertheless  he  had  remained  undis- 
turbed. He  had  retained  one  of  the  most  brilliant 
lawyers  of  the  time,  James  McDougall.  McDou- 
gall  added  to  his  staff  the  most  able  of  the  younger 
lawyers  of  the  city.  Immense  sums  of  money 


THE  STORM  GATHERS  191 

were  available.  The  source  is  not  exactly  known, 
but  a  certain  Belle  Cora,  a  prostitute  afterwards 
married  by  Cora,  was  advancing  large  amounts. 
A  man  named  James  Casey,  bound  by  some 
mysterious  obligation,  was  active  in  taking  up 
general  collections.  Cora  lived  in  great  luxury 
at  the  jail.  He  had  long  been  a  close  personal 
friend  of  the  sheriff  and  his  deputy,  Mulligan. 
When  the  case  came  to  trial,  Cora  escaped  con- 
viction through  the  disagreement  of  the  jury. 

This  fiasco,  following  King's  editorials,  had  a 
profound  effect  on  the  public  mind.  King  took 
the  outrage  against  justice  as  a  fresh  starting- 
point  for  new  attacks.  He  assailed  bitterly  and 
fearlessly  the  countless  abuses  of  the  time,  until 
at  last  he  was  recognized  as  a  dangerous  opponent 
by  the  heretofore  cynically  amused  higher  crimi- 
nals. Many  rumors  of  plots  against  King's  life 
are  to  be  found  in  the  detailed  history  of  the  day. 
Whether  his  final  assassination  was  the  result  of  one 
of  these  plots,  or  simply  the  outcome  of  a  burst 
of  passion,  matters  little.  Ultimately  it  had  its 
source  in  the  ungoverned  spirit  of  the  times. 

Four  months  after  the  farce  of  the  Cora  trial, 
on  May  14,  King  published  an  attack  on  the 
appointment  of  a  certain  man  to  a  position  in  the 


192  THE  FORTY-NINERS 

federal  custom  house.  The  candidate  had  hap- 
pened to  be  involved  with  James  P.  Casey,  in  a 
disgraceful  election.  Casey  was  at  that  time  one 
of  the  supervisors.  Incidental  to  his  attack  on  the 
candidate,  King  wrote  as  follows:  "It  does  not 
matter  how  bad  a  man  Casey  had  been,  or  how 
much  benefit  it  might  be  to  the  public  to  have  him 
out  of  the  way,  we  cannot  accord  to  any  one 
citizen  the  right  to  kill  him  or  even  beat  him, 
without  justifiable  provocation.  The  fact  that 
Casey  has  been  an  inmate  of  Sing  Sing  prison  in 
New  York  is  no  offense  against  the  laws  of  this 
State;  nor  is  the  fact  of  his  having  stuffed  himself 
through  the  ballot  box,  as  elected  to  the  Board  of 
Supervisors  from  a  district  where  it  is  said  he  was 
not  even  a  candidate,  any  justification  for  Mr. 
Bagley  to  shoot  Casey,  however  richly  the  latter 
may  deserve  to  have  his  neck  stretched  for  such 
fraud  on  the  people. " 

Casey  read  this  editorial  in  full  knowledge 
that  thousands  of  his  fellow-citizens  would  also 
read  it.  He  was  at  that  time,  in  addition  to  his 
numerous  political  cares,  editor  of  a  small  news- 
paper called  The  Sunday  Times.  This  had  been 
floated  for  the  express  purpose  of  supporting  the 
extremists  of  the  legalists'  party,  which,  as  we  have 


THE  STORM  GATHERS  193 

explained,  now  included  the  gambling  and  law- 
less element.  How  valuable  he  was  considered 
is  shown  by  the  fact  that  at  a  previous  election 
Casey  had  been  returned  as  elected  supervisor, 
although  he  had  not  been  a  candidate,  his  name 
had  not  been  on  the  ticket,  and  subsequent  private 
investigations  could  unearth  no  man  who  would 
acknowledge  having  voted  for  him.  Indeed,  he 
was  not  even  a  resident  of  that  district.  However, 
a  slick  politician  named  Yankee  Sullivan,  who  ran 
the  election,  said  officially  that  the  most  votes  had 
been  counted  for  him;  and  so  his  election  was  an- 
nounced. Casey  was  a  handy  tool  in  many  ways, 
rarely  appearing  in  person  but  adept  in  selecting 
suitable  agents.  He  was  personally  popular.  In 
appearance  he  is  described  as  a  short,  slight  man 
with  a  keen  face,  a  good  forehead,  a  thin  but  florid 
countenance,  dark  curly  hair,  and  blue  eyes;  a 
type  of  unscrupulous  Irish  adventurer,  with  per- 
haps the  dash  of  romantic  idealism  sometimes 
found  in  the  worst  scoundrels.  Like  most  of  his 
confreres,  he  was  particularly  touchy  on  the  sub- 
ject of  his  "honor." 

On  reading  the  Bulletin  editorials,  he  proceeded 
at  once  to  King's  office,  announcing  his  intention 

of   shooting   the   editor   on   sight.     Probably   he 
13 


194  THE  FORTY-NINERS 

would  have  done  so  except  for  the  accidental  cir- 
cumstance that  King  happened  to  be  busy  at  a 
table  with  his  back  turned  squarely  to  the  door. 
Even  Casey  could  not  shoot  a  man  in  the  back 
without  a  word  of  warning.  He  was  stuttering 
and  excited.  The  interview  was  overheard  by  two 
men  in  an  adjoining  office. 

"What  do  you  mean  by  that  article?"  cried 
Casey. 

"What  article?"  asked  King. 

''That  which  says  I  was  formerly  an  inmate  of 
Sing  Sing. " 

"Is  it  not  true?"  asked  King  quietly.     • 

"That  is  not  the  question.  I  don't  wish  my 
past  acts  raked  up.  On  that  point  I  am  sensi- 
tive." 

A  slight  pause  ensued. 

"Are  you  done?"  asked  King  quietly.  Then 
leaping  from  the  chair  he  burst  suddenly  into 
excitement. 

"There's  the  door,  go!  And  never  show  your 
face  here  again. " 

Casey  had  lost  his  advantage.  At  the  door  he 
gathered  himself  together  again. 

"I'll  say  in  my  paper  what  I  please, "  he  asserted 
with  a  show  of  bravado. 


THE  STORM  GATHERS  195 

King  was  again  in  control  of  himself. 

"You  haVe  a  perfect  right  to  do  so, "  he  rejoined. 
S<I  shall  never  notice  your  paper. " 

Casey  struck  himself  on  the  breast. 

"And  if  necessary  I  shall  defend  myself,"  he 
cried. 

King  bounded  again  from  his  seat,  livid  with 
anger. 

"Go,"  he  commanded  sharply,  and  Casey  went. 

Outside  in  the  street  Casey  found  a  crowd 
waiting.  The  news  of  his  visit  to  the  Bulletin 
office  had  spread.  His  personal  friends  crowded 
around  asking  eager  questions.  Casey  answered 
with  vague  generalities:  he  wasn't  a  man  to  be 
trifled  with,  and  some  people  had  to  find  out! 
Blackmailing  was  not  a  healthy  occupation  when 
it  aimed  at  a  gentleman!  He  left  the  general 
impression  that  King  had  apologized.  Bragging 
in  this  manner,  Casey  led  the  way  to  the  Bank 
Exchange,  the  fashionable  bar  not  far  distant. 
Here  he  remained  drinking  and  boasting  for  some 
time. 

In  the  group  that  surrounded  him  was  a  certain 
Judge  Edward  McGowan,  a  jolly,  hard-drinking, 
noisy  individual.  He  had  been  formerly  a  fugitive 
from  justice.  However,  through  the  attractions 


196  THE  FORTY-NINERS 

of  a  gay  life,  a  combination  of  bullying  and 
intrigue,  he  had  made  himself  a  place  in  the  new 
city  and  had  at  last  risen  to  the  bench.  He  was 
apparently  easy  to  fathom,  but  the  stream  really 
ran  deep.  Some  historians  claim  that  he  had 
furnished  King  the  document  which  proved  Casey 
an  ex-convict.  It  is  certain  that  now  he  had 
great  influence  with  Casey,  and  that  he  drew 
him  aside  from  the  bar  and  talked  with  him  some 
time  in  a  low  voice.  Some  people  insist  that  he 
furnished  the  navy  revolver  with  which  a  few 
moments  later  Casey  shot  King.  This  may  be 
so,  but  every  man  went  armed  in  those  days, 
especially  men  of  Casey's  stamp. 

It  is  certain,  however,  that  after  his  interview 
with  McGowan,  Casey  took  his  place  across  the 
street  from  the  Bank  Exchange.  There,  wrapped 
in  his  cloak,  he  awaited  King's  usual  promenade 
home. 

That  for  some  time  his  intention  was  well 
known  is  proved  by  the  group  that  little  by  little 
gathered  on  the  opposite  side  of  the  street.  It  is  a 
matter  of  record  that  a  small  boy  passing  by  was 
commandeered  and  sent  with  a  message  for  Peter 
Wrightman,  a  deputy  sheriff.  Pete,  out  of 
breath,  soon  joined  the  group.  There  he  idled, 


THE  STORM  GATHERS  197 

also  watching,  —  an  official  charged  with  the  main- 
tenance of  the  law  of  the  land! 

At  just  five  o'clock  King  turned  the  corner,  his 
head  bent.  He  started  to  cross  the  street  di- 
agonally and  had  almost  reached  the  opposite 
sidewalk  when  he  was  confronted  by  Casey  who 
stepped  forward  from  his  place  of  concealment 
behind  a  wagon. 

"Come  on,"  he  said,  throwing  back  his  cloak, 
and  immediately  fired.  King,  who  could  not  have 
known  what  Casey  was  saying,  was  shot  through 
the  left  breast,  staggered,  and  fell.  Casey  then 
took  several  steps  toward  his  victim,  looked  at  him 
closely  as  though  to  be  sure  he  had  done  a  good 
job,  let  down  the  hammer  of  his  pistol,  picked  up 
his  cloak,  and  started  for  the  police-station.  All 
he  wanted  now  was  a  trial  under  the  law. 

The  distance  to  the  station-house  was  less  than 
a  block.  Instantly  at  the  sound  of  the  shot  his 
friends  rose  about  him  and  guarded  him  to  the 
shelter  of  the  lock-up.  But  at  last  the  public  was 
aroused.  Casey  had  unwittingly  cut  down  a 
symbol  of  the  better  element,  as  well  as  a  fearless 
and  noble  man.  Someone  rang  the  old  Monu- 
mental Engine  House  bell  —  the  bell  that  had  been 
used  to  call  together  the  Vigilantes  of  1851.  The 


198  THE  FORTY-NINERS 

news   spread   about   the   city    like   wildfire.     An 
immense  mob  appeared  to  spring  from  nowhere. 

The  police  officials  were  no  fools;  they  recog- 
nized the  quality  of  the  approaching  hurricane. 
The  city  jail  was  too  weak  a  structure.  It  was 
desirable  to  move  the  prisoner  at  once  to  the 
county  jail  for  safe-keeping.  A  carriage  was 
brought  to  the  entrance  of  an  alley  next  the  city 
jail;  the  prisoner,  closely  surrounded  by  armed 
men,  was  rushed  to  it;  and  the  vehicle  charged  out 
through  the  crowd.  The  mob,  as  yet  unorganized, 
recoiled  instinctively  before  the  plunging  horses 
and  the  presented  pistols.  Before  anybody  could 
gather  his  wits,  the  equipage  had  disappeared. 

The  mob  surged  after  the  disappearing  vehicle, 
and  so  ended  up  finally  in  the  wide  open  space 
before  the  county  jail.  The  latter  was  a  solidly 
built  one-story  building  situated  on  top  of  a  low 
cliff.  North,  the  marshal,  had  drawn  up  his 
armed  men.  The  mob,  very  excited,  vociferated, 
surging  back  and  forth,  though  they  did  not 
rush,  because  as  yet  they  had  no  leaders.  At- 
tempts were  made  to  harangue  the  gathering,  but 
everywhere  the  speeches  were  cut  short.  At  a 
crucial  moment  the  militia  appeared.  The  crowd 
thought  at  first  that  the  volunteer  troops  were 


THE  STORM  GATHERS  199 

coming  to  uphold  their  own  side,  but  were  soon 
undeceived.  The  troops  deployed  in  front  of  the 
jail  and  stood  at  guard.  Just  then  the  mayor 
attempted  to  address  the  crowd. 

"You  are  here  creating  an  excitement,"  he 
said,  "which  may  lead  to  occurrences  this  night 
which  will  require  years  to  wipe  out.  You  are 
now  laboring  under  great  excitement  and  I  advise 
you  to  quietly  disperse.  I  assure  you  the  prisoner 
is  safe.  Let  the  law  have  its  course  and  justice 
will  be  done. " 

He  was  listened  to  with  respect,  up  to  this 
point,  but  here  arose  such  a  chorus  of  jeers  that 
he  retired  hastily. 

"How  about  Richardson?"  they  demanded  of 
him.  "Where  is  the  law  in  Cora's  case?  To  hell 
with  such  justice!" 

More  and  more  soldiers  came  into  the  square, 
which  was  soon  filled  with  bayonets.  The  favor- 
able moment  had  passed  and  this  particular 
crisis  wras,  like  all  the  other  similar  crises, 
quickly  over.  But  the  city  was  aroused.  Mass 
meetings  were  held  in  the  Plaza  and  in  other 
convenient  localities.  Many  meetings  took  place 
in  rooms  in  different  parts  of  the  city.  Men  armed 
by  the  thousands.  Vehement  orators  held  forth 


200  THE  FORTY-NINERS 

from  every  balcony.  Some  of  these  people  were? 
as  a  chronicler  of  the  times  quaintly  expressed  it, 
"considerably  tight."  There  was  great  diversity 
of  opinion.  All  night  the  city  seethed  with  ill- 
directed  activity.  But  men  felt  helpless  and 
hopeless  for  want  of  efficient  organization. 

The  so-called  Southern  chivalry  called  this 
affair  a  "fight."  Indeed  the  Herald  in  its  issue 
of  the  next  morning,  mistaking  utterly  the  times, 
held  boldly  along  the  way  of  its  sympathies.  It 
also  spoke  of  the  assassination  as  an  "affray," 
and  stated  emphatically  its  opinion  that,  "now 
that  justice  is  regularly  administered,"  there 
was  no  excuse  for  even  the  threat  of  public  vio- 
lence. This  utter  blindness  to  the  meaning  of 
the  new  movement  and  the  far-reaching  effect  of 
King's  previous  campaign  proved  fatal  to  the 
paper.  It  declined  immediately.  In  the  mean- 
time, attended  by  his  wife  and  a  whole  score  of 
volunteer  physicians,  King,  lying  in  a  room  in  the 
Montgomery  block,  was  making  a  fight  for  his 
life. 

Then  people  began  to  notice  a  small  advertise- 
ment on  the  first  page  of  the  morning  papers, 
headed  The  Vigilance  Committee. 

"The  members  of  the  Vigilance  Committee  in 


THE  STORM  GATHERS  201 

good  standing  will  please  meet  at  number  105^ 
Sacramento  Street,  this  day,  Thursday,  fifteenth 
instant,  at  nine  o'clock  A.  M.  By  order  of  the 
COMMITTEE  OF  THIRTEEN.  " 

People  stood  still  in  the  streets,  when  this 
notice  met  the  eye.  If  this  was  actually  the  old 
Committee  of  1851,  it  meant  business.  There 
was  but  one  way  to  find  out  and  that  was  to  go 
and  see.  Number  105^  Sacramento  Street  was  a 
three-story  barn-like  structure  that  had  been  built 
by  a  short-lived  political  party  called  the  "Know- 
Nothings."  The  crowd  poured  into  the  hall  to 
its  full  capacity,  jammed  the  entrance  ways,  and 
gathered  for  blocks  in  the  street.  There  all  waited 
patiently  to  see  what  would  happen. 

Meantime,  in  the  small  room  back  of  the  stage, 
about  a  score  of  men  gathered.  Chief  among 
all  stood  William  T.  Coleman.  He  had  taken  a 
prominent  part  in  the  old  Committee  of  '51. 
With  him  were  Clancey  Dempster,  small  and  mild 
of  manner,  blue-eyed,  the  last  man  in  the  room 
one  would  have  picked  for  great  stamina  and 
courage,  yet  playing  one  of  the  leading  roles  in 
this  crisis;  the  merchant  Truett,  towering  above 
all  the  rest;  Farwell,  direct,  uncompromising,  in- 
spired with  tremendous  single-minded  earnest- 


202  THE  FORTY-NINERS 

ness;  James  Dows,  of  the  rough  and  ready,  humor- 
ous, blasphemous,  horse-sense  type;  Hossefross, 
of  the  Committee  of  '51;  Dr.  Beverly  Cole,  high- 
spirited,  distinguished-looking,  and  courtly;  Isaac 
Bluxome,  whose  signature  of  "33  Secretary"  was 
to  become  terrible,  and  who  also  had  served  well 
in  1851.  These  and  many  more  of  their  type 
were  considering  the  question  dispassionately  and 
earnestly. 

"It  is  a  serious  business,"  said  Coleman, 
summing  up.  "It  is  no  child's  play.  It  may 
prove  very  serious.  We  may  get  through  quickly 
and  safely,  or  we  may  so  involve  ourselves  as 
never  to  get  through. " 

"The  issue  is  not  one  of  choice  but  of 
expediency,"  replied  Dempster.  "Shall  we 
have  vigilance  with  order  or  a  mob  with 
anarchy?" 

In  this  spirit  Coleman  addressed  the  crowd 
waiting  in  the  large  hall. 

"In  view  of  the  miscarriage  of  justice  in  the 
courts,"  he  announced  briefly,  "it  has  been 
thought  expedient  to  revive  the  Vigilance  Com- 
mittee. An  Executive  Council  should  be  chosen, 
representative  of  the  whole  body.  I  have  been 
asked  to  take  charge.  I  will  do  so,  but  must 


THE  STORM  GATHERS  203 

stipulate  that  I  am  to  be  free  to  choose  the  first 
council  myself.  Is  that  agreed?" 

He  received  a  roar  of  assent. 

"Very  well,  gentlemen,  I  shall  request  you  to 
vacate  the  hall.  In  a  short  time  the  books  will  be 
open  for  enrollment. " 

With  almost  disciplined  docility  the  crowd  arose 
and  filed  out,  joining  the  other  crowd  waiting 
patiently  in  the  street. 

After  a  remarkably  short  period  the  doors  were 
again  thrown  open.  Inside  the  passage  stood 
twelve  men  later  to  be  known  as  the  Executive 
Committee.  These  held  back  the  rush,  admitting 
but  one  man  at  a  time.  The  crowd  immediately 
caught  the  idea  and  helped.  There  was  abso- 
lutely no  excitement.  Every  man  seemed  grimly 
in  earnest.  Cries  of  "Order,  order,  line  up!" 
came  all  down  the  street.  A  rough  queue  was 
formed.  There  were  no  jokes  or  laughing;  there 
was  even  no  talk.  Each  waited  his  turn.  At  the 
entrance  every  applicant  was  closely  scrutinized 
and  interrogated.  Several  men  were  turned  back 
peremptorily  in  the  first  few  minutes,  with  the 
warning  not  to  dare  make  another  attempt. 
Passed  by  this  Committee,  the  candidate  climbed 
the  stairs.  In  the  second  story  behind  a  table  sat 


204  THE  FORTY-NINERS 

Coleman,  Dempster,  and  one  other.  These  ad- 
ministered to  him  an  oath  of  secrecy  and  then 
passed  him  into  another  room  where  sat  Bluxome 
behind  a  ledger.  Here  his  name  was  written  and  he 
was  assigned  a  number  by  which  henceforth  in  the 
activities  of  the  Committee  he  was  to  be  known. 
Members  were  instructed  always  to  use  numbers 
and  never  names  in  referring  to  other  members. 

Those  who  had  been  enrolled  waited  for  some 
time,  but  finding  that  with  evening  the  applicants 
were  still  coming  in  a  long  procession,  they  gradu- 
ally dispersed.  No  man,  however,  departed  far 
from  the  vicinity.  Short  absences  and  hastily 
snatched  meals  were  followed  by  hurried  returns, 
lest  something  be  missed.  From  time  to  time 
rumors  were  put  in  circulation  as  to  the  activities 
of  the  Executive  Committee,  which  had  been  in 
continuous  session  since  its  appointment.  An 
Examining  Committee  had  been  appointed  to 
scrutinize  the  applicants.  The  number  of  the 
Executive  Committee  had  been  raised  to  twenty- 
six;  a  Chief  of  Police  had  been  chosen,  and  he  in 
turn  appointed  messengers  and  policemen,  who 
set  out  in  search  of  individuals  wanted  as 
door-keepers,  guards,  and  so  forth.  Only  regis- 
tered members  were  allowed  on  the  floor  of  the 


THE  STORM  GATHERS  205 

hall.  Even  the  newspaper  reporters  were  gently 
but  firmly  ejected.  There  was  no  excitement  or 
impatience. 

At  length,  at  eight  o'clock,  Coleman  came  out 
of  one  of  the  side-rooms  and,  mounting  a  table, 
called  for  order.  He  explained  that  a  military 
organization  had  been  decided  upon,  advised 
that  numbers  1  to  100  inclusive  should  assemble 
in  one  corner  of  the  room,  the  second  hundred 
at  the  first  window,  and  so  on.  An  interesting 
order  was  his  last.  "Let  the  French  assemble  in 
the  middle  of  the  hall,"  he  said  in  their  language  — 
an  order  significant  of  the  great  numbers  of  French 
who  had  first  answered  the  call  of  gold  in  '49,  and 
who  now  with  equal  enthusiasm  answered  the  call 
for  essential  justice.  Each  company  was  advised  to 
elect  its  own  officers,  subject  to  ratification  by  the 
Executive  Committee.  It  was  further  stated  that 
arrangements  had  been  made  to  hire  muskets  to 
the  number  of  several  thousands  from  one  George 
Law.  These  were  only  flintlocks,  but  efficient 
enough  in  their  way,  and  supplied  with  bayonets. 
They  were  discarded  government  weapons,  brought 
out  some  time  ago  by  Law  to  arm  some  mysterious 
filibustering  expedition  that  had  fallen  through. 
In  this  manner,  without  confusion,  an  organization 


206  THE  FORTY-NINERS 

of  two  thousand  men  was  formed  —  sixteen  mili- 
tary companies. 

By  Saturday  morning,  May  17,  the  Committee 
rooms  were  overwhelmed  by  crowds  of  citizens 
who  desired  to  be  enrolled.  Larger  quarters 
had  already  been  secured  in  a  building  on  the 
south  side  of  Sacramento  Street.  Thither  the 
Committee  now  removed  en  masse,  without  in- 
terrupting their  labors.  These  new  headquarters 
soon  became  famous  in  the  history  of  this  eventful 
year. 

In  the  meantime  the  representatives  of  the 
law  had  not  been  less  alert.  The  regular  police 
force  was  largely  increased.  The  sheriff  issued 
thousands  of  summonses  calling  upon  citizens  for 
service  as  deputies.  These  summonses  were  made 
out  in  due  form  of  law.  To  refuse  them  meant  to 
put  oneself  outside  the  law.  The  ordinary  citizen 
was  somewhat  puzzled  by  the  situation.  A  great 
many  responded  to  the  appeal  from  force  of  habit. 
Once  they  accepted  the  oath  these  new  deputies 
were  confronted  by  the  choice  between  perjury, 
and  its  consequences,  or  doing  service.  On  the 
other  hand,  the  issue  of  the  summonses  forced 
many  otherwise  neutral  men  into  the  ranks 
of  the  Vigilantes.  If  they  refused  to  act  when 


THE  STORM  GATHERS  207 

directly  summoned  by  law,  that  very  fact  placed 
them  on  the  wrong  side  of  the  law.  Therefore  they 
felt  that  joining  a  party  pledged  to  what  prac- 
tically amounted  to  civil  war  was  only  a  short  step 
further.  Against  these  the  various  military  com- 
panies were  mustered,  reminded  of  their  oath,  called 
upon  to  fulfill  their  sworn  duty,  and  sent  to  various 
strategic  points  about  the  jail  and  elsewhere.  The 
Governor  was  informally  notified  of  a  state  of  in- 
surrection and  was  requested  to  send  in  the  state 
militia.  By  evening  all  the  forces  of  organized 
society  were  under  arms,  and  the  result  was  a 
formidable,  apparently  impregnable  force. 

Nor  was  the  widespread  indignation  against 
the  shooting  of  James  King  of  William  entirely 
unalloyed  by  bitterness.  King  had  been  a  hard 
hitter,  an  honest  man,  a  true  crusader;  but  in  the 
heat  of  battle  he  had  not  always  had  time  to  make 
distinctions.  Thus  he  had  quite  justly  attacked 
the  Times  and  other  venal  newspapers,  but  in  so 
doing  had,  by  too  general  statements,  drawn  the 
fire  of  every  other  journal  in  town.  He  had 
attacked  with  entire  reason  a  certain  Catholic 
priest,  a  man  the  Church  itself  would  probably 
soon  have  disciplined,  but  in  so  doing  had  managed 
to  enrage  all  Roman  Catholics.  In  like  manner 


208  THE  FORTY-NINERS 

his  scorn  of  the  so-called  "chivalry"  was  certainly 
well  justified,  but  his  manner  of  expression  offended 
even  the  best  Southerners.  Most  of  us  see  no 
farther  than  the  immediate  logic  of  the  situation. 
Those  perfectly  worthy  citizens  were  inclined 
to  view  the  Vigilantes,  not  as  a  protest  against 
intolerable  conditions,  but  rather  as  personal 
champions  of  King. 

In  thus  relying  on  the  strength  of  their  position 
the  upholders  of  law  realized  that  there  might  be 
fighting,  and  even  severe  fighting,  but  it  must  be 
remembered  that  the  Law  and  Order  party  loved 
fighting.  It  was  part  of  their  education  and  of 
their  pleasure  and  code.  No  wonder  that  they 
viewed  with  equanimity  and  perhaps  with  joy 
the  beginning  of  the  Vigilance  movement  of  1856. . 

The  leaders  of  the  Law  and  Order  party  chose 
as  their  military  commander  William  Tecumseh 
Sherman,  whose  professional  ability  and  integrity 
in  later  life  are  unquestioned,  but  whose  military 
genius  was  equaled  only  by  his  extreme  inability 
to  remember  facts.  When  writing  his  Memoirs, 
the  General  evidently  forgot  that  original  docu- 
ments existed  or  that  statements  concerning 
historical  events  can  often  be  checked  up.  A 
mere  mob  is  irresponsible  and  anonymous.  But 


THE  STORM  GATHERS  209 

it  was  not  a  mob  with  whom  Sherman  was  faced, 
for,  as  a  final  satisfaction  to  the  legal-minded, 
the  men  of  the  Vigilance  Committee  had  put 
down  their  names  on  record  as  responsible  for 
this  movement,  and  it  is  upon  contemporary 
record  that  the  story  of  these  eventful  days  must 
rely  for  its  details. 


CHAPTER  XIV 

THE  STORM  BREAKS 

THE  Governor  of  the  State  at  this  time  was  J. 
Neely  Johnson,  a  politician  whose  merits  and 
demerits  were  both  so  slight  that  he  would  long 
since  have  been  forgotten  were  it  not  for  the  fact 
that  he  occupied  office  during  this  excitement. 
His  whole  life  heretofore  had  been  one  of  trim- 
ming. He  had  made  his  way  by  this  method, 
and  he  gained  the  Governor's  chair  by  yielding  to 
the  opinion  of  others.  He  took  his  color  and  his 
temporary  belief  from  those  with  whom  he  hap- 
pened to  be.  His  judgment  often  stuck  at  trifles, 
and  his  opinions  were  quickly  heated  but  as 
quickly  cooled.  The  added  fact  that  his  private 
morals  were  not  above  criticism  gave  men  an 
added  hold  over  him. 

On  receipt  of  the  request  for  the  state  militia 
by  the  law  party,  but  not  by  the  proper  authori- 
ties, Governor  Johnson  hurried  down  from  Sacra- 

210 


THE  STORM  BREAKS  211 

mento  to  San  Francisco.  Immediately  on  arriving 
in  the  city  he  sent  word  to  Coleman  requesting 
an  interview.  Coleman  at  once  visited  him  at 
his  hotel.  Johnson  apparently  made  every  effort 
to  appear  amiable  and  conciliatory.  In  answer  to 
all  questions  Coleman  replied: 

"We  want  peace,  and  if  possible  without  a 
struggle." 

"It  is  all  very  well,"  said  Johnson,  "to  talk 
about  peace  with  an  army  of  insurrection  newly 
raised.  But  what  is  it  you  actually  wish  to 
accomplish?" 

"The  law  is  crippled,"  replied  Coleman.  "We 
want  merely  to  accomplish  what  the  crippled 
law  should  do  but  cannot.  This  done,  we  will 
gladly  retire.  Now  you  have  been  asked  by  the 
mayor  and  certain  others  to  bring  out  the  militia 
and  crush  this  movement.  I  assure  you  it  cannot 
be  done,  and,  if  you  attempt  it,  it  will  cause 
you  and  us  great  trouble.  Do  as  Governor 
McDougal  did  in  '51.  See  in  this  movement 
what  he  saw  in  that  —  a  local  movement  for  a 
local  reform  in  which  the  State  is  not  concerned. 
We  are  not  a  mob.  We  demand  no  overthrow 
of  institutions.  We  ask  not  a  single  court  to 
adjourn.  We  ask  not  a  single  officer  to  vacate 


212  THE  FORTY-NINERS 

his  position.  We  demand  only  the  enforcement 
of  the  law  which  we  have  made." 

This  expression  of  intention,  with  a  little  elabo- 
ration and  argument,  fired  Johnson  to  enthusi- 
asm. He  gave  his  full  support,  unofficially  of 
course,  to  the  movement. 

"But,"  he  concluded,  "hasten  the  undertaking 
as  much  as  you  can.  The  opposition  is  stronger 
than  you  suppose.  The  pressure  on  me  is  going 
to  be  terrible.  What  about  the  prisoners  in  the 
jail?" 

Coleman  evaded  this  last  question  by  saying 
that  the  matter  was  in  the  hands  of  the  Com- 
mittee, and  he  then  left  the  Governor. 

Coleman  at  once  returned  to  headquarters 
where  the  Executive  Committee  was  in  session, 
getting  rid  of  its  routine  business.  After  a  dozen 
matters  were  settled,  it  was  moved  "that  the 
Committee  as  a  body  shall  visit  the  county  jail  at 
such  time  as  the  Executive  Committee  might 
direct,  and  take  thence  James  P.  Casey  and 
Charles  Cora,  give  them  a  fair  trial,  and  adminis- 
ter such  punishment  as  justice  shall  demand." 

This,  of  course,  was  the  real  business  for  which 
all  this  organization  had  been  planned.  A  mo- 
ment's pause  succeeded  the  proposal,  but  an 


THE  STORM  BREAKS  213 

instantaneous  and  unanimous  assent  followed  the 
demand  for  a  vote.  At  this  precise  instant  a 
messenger  opened  the  door  and  informed  them 
that  Governor  Johnson  was  in  the  building 
requesting  speech  with  Coleman. 

Coleman  found  Johnson,  accompanied  by  Sher- 
man and  a  few  others,  lounging  in  the  anteroom. 
The  Governor  sprawled  in  a  chair,  his  hat  pulled 
over  his  eyes,  a  cigar  in  the  corner  of  his  mouth. 
His  companions  arose  and  bowed  gravely  as 
Coleman  entered  the  room,  but  the  Governor 
remained  seated  and  nodded  curtly  with  an  air  of 
bravado.  Without  waiting  for  even  the  ordinary 
courtesies  he  burst  out. 

"We  have  come  to  ask  what  you  intend  to  do," 
he  demanded. 

Coleman,  thoroughly  surprised,  with  the  full 
belief  that  the  subject  had  all  been  settled  in  the 
previous  interview,  replied  curtly. 

"I  agree  with  you  as  to  the  grievances,"  rejoined 
the  Governor,  "but  the  courts  are  the  proper 
remedy.  The  judges  are  good  men,  and  there  is 
no  necessity  for  the  people  to  turn  themselves  into 
a  mob." 

"Sir!"  cried  Coleman.  "This  is  no  mob!  — 
You  know  this  is  no  mob!" 


214  THE  FORTY-NINERS 

The  Governor  went  on  to  explain  that  it  might 
become  necessary  to  bring  out  all  the  force  at  his 
command.  Coleman,  though  considerably  taken 
aback,  recovered  himself  and  listened  without 
comment.  He  realized  that  Sherman  and  the 
other  men  were  present  as  witnesses. 

"I  will  report  your  remark  to  my  associates," 
he  contented  himself  with  saying.  The  question 
of  witnesses,  however,  bothered  Coleman.  He 
darted  in  to  the  committee  room  and  shortly 
returned  with  witnesses  of  his  own. 

"Let  us  now  understand  each  other  clearly," 
he  resumed.  "As  I  understand  your  proposal, 
it  is  that,  if  we  make  no  move,  you  guarantee 
no  escape,  an  immediate  trial,  and  instant 
execution?" 

Johnson  agreed  to  this. 

"We  doubt  your  ability  to  do  this,"  went  on 
Coleman,  "but  we  are  ready  to  meet  you  half- 
way. This  is  what  we  will  promise:  we  will  take 
no  steps  without  first  giving  you  notice.  But  in 
return  we  insist  that  ten  men  of  our  own  selection 
shall  be  added  to  the  sheriff's  force  within  the 
jail." 

Johnson,  who  was  greatly  relieved  and  delighted, 
at  once  agreed  to  this  proposal,  and  soon  withdrew. 


THE  STORM  BREAKS  215 

But  the  blunder  he  had  made  was  evident  enough. 
With  Coleman,  who  was  completely  outside  the 
law,  he,  as  an  executive  of  the  law,  had  no  business 
treating  or  making  agreements  at  all.  Further- 
more, as  executive  of  the  State,  he  had  no  legal 
right  to  interfere  with  city  affairs  unless  he  were 
formally  summoned  by  the  authorities.  Up  to 
now  he  had  merely  been  notified  by  private  citi- 
zens. And  to  cap  the  whole  sheaf  of  blunders, 
he  had  now  in  this  private  interview  treated  with 
rebels,  and  to  their  advantage.  For,  as  Coleman 
probably  knew,  the  last  agreement  was  all  for 
the  benefit  of  the  Committee.  They  gained  the 
right  to  place  a  personal  guard  over  the  prisoners. 
They  gave  in  return  practically  only  a  promise  to 
withdraw  that  guard  before  attacking  the  jail  —  a 
procedure  which  was  eminently  practical  if  they 
cared  anything  for  the  safety  of  the  guard. 

Johnson  was  thoroughly  pleased  with  himself 
until  he  reached  the  hotel  where  the  leaders  of  the 
opposition  were  awraiting  him.  Their  keen  legal 
minds  saw  at  once  the  position  in  which  he  had 
placed  himself.  After  a  hasty  discussion,  it  was 
decided  to  claim  that  the  Committee  had  waived 
all  right  of  action,  and  that  they  had  promised 
definitely  to  leave  the  case  to  the  courts.  When 


£16  THE  FORTY-NINERS 

this  statement  had  been  industriously  circulated 
and  Coleman  had  heard  of  it,  he  is  said  to  have 
exclaimed: 

"The  time  has  come.  After  that,  it  is  either 
ourselves  or  a  mob." 

He  proceeded  at  once  to  the  Vigilance  head- 
quarters and  summoned  Olney,  the  appointed 
guardian  of  the  jail.  Him  he  commanded  to  get 
together  sixty  of  the  best  men  possible.  A  call 
was  sent  out  for  the  companies  to  assemble. 
They  soon  began  to  gather,  coming  some  in  rank 
as  they  had  gathered  in  their  headquarters  outside, 
others  singly  and  in  groups.  Doorkeepers  pre- 
vented all  exit:  once  a  man  was  in,  he  was  not 
permitted  to  go  out.  Each  leader  received  explicit 
directions  as  to  what  was  to  be  done.  He  was 
instructed  as  to  precisely  when  he  and  his  command 
were  to  start;  from  what  given  point;  along  exactly 
what  route  to  proceed;  and  at  just  what  time  to 
arrive  at  a  given  point  —  not  a  moment  sooner  or 
later.  The  plan  for  concerted  action  was  very 
carefully  and  skillfully  worked  out.  Olney 's  sixty 
men  were  instructed  to  lay  aside  their  muskets 
and,  armed  only  with  pistols,  to  make  their  way 
by  different  routes  to  the  jail. 

Sunday  morning  dawned  fair  and  calm.     But  as 


THE  STORM  BREAKS  217 

the  day  wore  on,  an  air  of  unrest  pervaded  the 
city.  Rumors  of  impending  action  were  already 
abroad.  The  jail  itself  hummed  like  a  hive. 
Men  came  and  went,  busily  running  errands,  and 
darting  about  through  the  open  door.  Armed 
men  were  taking  their  places  on  the  flat  roof. 
Meantime  the  populace  gathered  slowly.  At  first 
there  were  only  a  score  or  so  idling  around  the 
square;  but  little  by  little  they  increased  in  num- 
bers. Black  forms  began  to  appear  on  the  roof- 
tops all  about;  white  faces  showed  at  the  windows; 
soon  the  center  of  the  square  had  filled;  the  con- 
verging streets  became  black  with  closely  packed 
people.  The  windows  and  doors  and  balconies,  the 
copings  and  railings,  the  slopes  of  the  hills  round 
about  were  all  occupied.  In  less  than  an  hour 
twenty  thousand  people  had  gathered.  They  took 
their  positions  quietly  and  waited  patiently.  It  was 
evident  that  they  had  assembled  in  the  role  of  spec- 
tators only,  and  that  action  had  been  left  to  more 
competent  and  better  organized  men.  There  was 
no  shouting,  no  demonstration,  and  so  little  talking 
that  it  amounted  only  to  a  low  murmur.  Already 
the  doors  of  the  jail  had  been  closed.  The  armed 
forces  on  the  roof  had  been  increased. 

After  a  time  the  congested  crowd  down  one  of 


218  THE  FORTY-NINERS 

the  side-streets  was  agitated  by  the  approach  ol 
a  body  of  armed  men.  At  the  same  instant  a 
similar  group  began  to  appear  at  the  end  of  another 
and  converging  street.  The  columns  came  steadily 
forward,  as  the  people  gave  way.  The  men  wore  no 
uniforms,  and  the  glittering  steel  of  their  bayonets 
furnished  the  only  military  touch.  The  two 
columns  reached  the  convergence  of  the  street 
at  the  same  time  and  as  they  entered  the  square 
before  the  jail  a  third  and  a  fourth  column  de- 
bouched from  other  directions,  while  still  others 
deployed  into  view  on  the  hills  behind.  They  all 
took  their  places  in  rank  around  the  square. 

Among  the  well-known  characters  of  the  times 
was  a  certain  Colonel  Gift.  Mr.  Hubert  H. 
Bancroft,  the  chronicler  of  these  events,  describes 
him  as  "a  tall,  lank,  empty -boweled,  tobacco- 
spurting  Southerner,  with  eyes  like  burning 
black  balls,  who  could  talk  a  company  of  listeners 
into  an  insane  asylum  quicker  than  any  man  in 
California,  and  whose  blasphemy  could  not  be 
equaled,  either  in  quantity  or  quality,  by  the 
most  profane  of  any  age  or  nation."  He  remarked 
to  a  friend  nearby,  as  he  watched  the  spectacle 
below:  "When  you  see  these  damned  psalm- 
singing  Yankees  turn  out  of  their  churches, 


THE  STORM  BREAKS  219 

shoulder  their  guns,  and  march  away  of  a  Sun- 
day, you  may  know  that  hell  is  going  to  crack 
shortly." 

For  some  time  the  armed  men  stood  rigid,  four 
deep  all  around  the  square.  Behind  them  the 
masses  of  the  people  watched.  Then  at  a  com- 
mand the  ranks  fell  apart  and  from  the  side-streets 
marched  the  sixty  men  chosen  by  Olney,  dragging 
a  field  gun  at  the  end  of  a  rope.  This  they  wheeled 
into  position  in  the  square  and  pointed  it  at  the 
door  of  the  jail.  Quite  deliberately,  the  cannon 
was  loaded  with  powder  and  balls.  A  man  lit  a 
slow  match,  blew  it  to  a  glow,  and  took  his  position 
at  the  breech.  Nothing  then  happened  for  a 
full  ten  minutes.  The  six  men  stood  rigid  by  the 
gun  in  the  middle  of  the  square.  The  sunlight 
gleamed  from  the  ranks  of  bayonets.  The  vast 
multitude  held  its  breath.  The  wall  of  the  jail 
remained  blank  and  inscrutable. 

Then  a  man  on  horseback  was  seen  to  make 
his  way  through  the  crowd.  This  was  Charles 
Doane,  Grand  Marshal  of  the  Vigilantes.  He 
rode  directly  to  the  jail  door,  on  which  he  rapped 
with  the  handle  of  his  riding-whip.  After  a 
moment  the  wicket  in  the  door  opened.  With- 
out dismounting,  the  rider  handed  a  note  within, 


220  THE  FORTY-NINERS 

and  then,  backing  his  horse  the  length  of  the 
square,  came  to  rest. 

Again  the  ranks  parted  and  closed,  this  time 
to  admit  of  three  carriages.  As  they  came  to  a 
stop,  the  muskets  all  around  the  square  leaped  to 
"present  arms!"  From  the  carriages  descended 
Coleman,  Truett,  and  several  others.  In  dead 
silence  they  walked  to  the  jail  door,  Olney's  men 
close  at  their  heels.  For  some  moments  they 
spoke  through  the  wicket;  then  the  door  swung 
open  and  the  Committee  entered. 

Up  to  this  moment  Casey  had  been  fully  con- 
tent with  the  situation.  He  was,  of  course, 
treated  to  the  best  the  jail  or  the  city  could  afford. 
It  was  a  bother  to  have  been  forced  to  shoot 
James  King  of  William;  but  the  nuisance  of  in- 
carceration for  a  time  was  a  small  price  to  pay. 
His  friends  had  rallied  well  to  his  defense.  He 
had  no  doubt  whatever,  that,  according  to  the 
usual  custom,  he  would  soon  work  his  way  through 
the  courts  and  stand  again  a  free  man.  His  first 
intimation  of  trouble  was  the  hearing  of  the 
resonant  tramp  of  feet  outside.  His  second  was 
when  Sheriff  Scannell  stood  before  him  with  the 
Vigilantes'  note  in  his  hand.  Casey  took  one 
glance  at  Scannell's  face. 


THE  STORM  BREAKS  221 

"You  aren't  going  to  betray  me?"  he  cried. 
"You  aren't  going  to  give  me  up?" 

"James,"  replied  Scannell  solemnly,  "there 
are  three  thousand  armed  men  coming  for  you 
and  I  have  not  thirty  supporters  around  the  jail." 

"Not  thirty!"  cried  Casey  astonished.  For  a 
moment  he  appeared  crushed;  then  he  leaped  to 
his  feet  flourishing  a  long  knife.  "I'll  not  be 
taken  from  this  place  alive!"  he  cried.  "Where 
are  all  you  brave  fellows  who  were  going  to  see  me 
through  this?" 

At  this  moment  Coleman  knocked  at  the  door 
of  the  jail.  The  sheriff  hurried  away  to  answer 
the  summons. 

Casey  took  the  opportunity  to  write  a  note  for 
the  Vigilantes  which  he  gave  to  the  marshal. 
It  read: 

"To  the  Vigilante  Committee.  GENTLEMEN:  — 
I  am  willing  to  go  before  you  if  you  will  let  me 
speak  but  ten  minutes.  I  do  not  wish  to  have 
the  blood  of  any  man  upon  my  head." 

On  entering  the  jail  door  Coleman  and  his 
companions  bowed  formally  to  the  sheriff. 

"We  have  come  for  the  prisoner  Casey,"  said 
Coleman.  "  We  ask  that  he  be  peaceably  delivered 
us  handcuffed  at  the  door  immediately." 


£22  THE  FORTY-NINERS 

"Under  existing  circumstances,"  replied  Scan- 
nell,  "I  shall  make  no  resistance.  The  prison 
and  its  contents  are  yours." 

But  Truett  would  have  none  of  this.  "We 
want  only  the  man  Casey  at  present,"  he  said. 
"For  the  safety  of  all  the  rest  we  hold  you  strictly 
accountable." 

They  proceeded  at  once  to  Casey's  cell.  The 
murderer  heard  them  coming  and  sprang  back 
from  the  door  holding  his  long  knife  poised. 
Coleman  walked  directly  to  the  door,  where  he 
stopped,  looking  Casey  in  the  eye.  At  the  end 
of  a  full  minute  he  exclaimed  sharply: 

"Lay  down  that  knife!" 

As  though  the  unexpected  tones  had  broken  a 
spell,  Casey  flung  the  knife  from  him  and  buried 
his  face  in  his  hands.  Then,  and  not  until  then, 
Coleman  informed  him  curtly  that  his  request 
would  be  granted. 

They  took  Casey  out  through  the  door  of  the 
jail.  The  crowd  gathered  its  breath  for  a  frantic 
cheer.  The  relief  from  tension  must  have  been 
great,  but  Coleman,  bareheaded,  raised  his  hand 
and,  in  instant  obedience  to  the  gesture,  the  cheer 
was  stifled.  The  leaders  then  entered  the  carriage, 
which  immediately  turned  and  drove  away. 


THE  STORM  BREAKS  223 

Thus  Casey  was  safely  in  custody.  Charles 
Cora,  who,  it  will  be  remembered,  had  killed 
Marshal  Richardson  and  who  had  gained  from 
the  jury  a  disagreement,  was  taken  on  a  second 
trip. 

The  street  outside  headquarters  soon  filled 
with  an  orderly  crowd  awaiting  events.  There 
was  noticeable  the  same  absence  of  excitement, 
impatience,  or  tumult  so  characteristic  of  the 
popular  gatherings  of  that  time,  except  perhaps 
when  the  meetings  were  conducted  by  the  parti- 
sans of  Law  and  Order.  After  a  long  interval 
one  of  the  Committee  members  appeared  at  an 
upper  window. 

"It  is  not  the  intention  of  the  Committee  to 
be  hasty,"  he  announced.  "Nothing  will  be 
done  today." 

This  statement  was  received  in  silence.  At  last 
someone  asked: 

"Where  are  Casey  and  Cora?'* 

"The  Committee  hold  possession  of  the  jail. 
All  are  safe,"  said  the  Committee  man. 

With  this  simple  statement  the  crowd  was 
completely  satisfied,  and  dispersed  quietly  and 
at  once. 

Of    the    three    thousand    enrolled    men,    three 


224  THE  FORTY-NINERS 

hundred  were  retained  under  arms  at  headquarters, 
a  hundred  surrounded  the  jail,  and  all  the  rest 
were  dismissed.  Next  day,  Monday,  head- 
quarters still  remained  inscrutable;  but  large 
patrols  walked  about  the  city,  collecting  arms. 
The  gunshops  were  picketed  and  their  owners 
were  warned  under  no  circumstances  to  sell 
weapons.  Towards  evening  the  weather  grew 
colder  and  rain  came  on.  Even  this  did  not 
discourage  the  crowd,  which  stood  about  in  its 
sodden  clothes  waiting.  At  midnight  it  reluct- 
antly dispersed,  but  by  daylight  the  following 
morning  the  streets  around  headquarters  were 
blocked.  Still  it  rained,  and  still  apparently 
nothing  happened.  All  over  the  city  .business 
was  at  a  standstill.  Men  had  dropped  their  af- 
fairs, even  the  most  pressing,  either  to  take  part 
in  this  movement  or  to  lend  the  moral  support  of 
their  presence  and  their  interest.  The  partisans 
of  Law  and  Order,  so  called,  were  also  abroad. 
No  man  dared  express  himself  in  mixed  company 
openly.  The  courts  were  empty.  Some  actually 
closed  down,  with  one  excuse  or  another;  but  most 
of  them  pretended  to  go  through  the  forms  of 
business.  Many  judges  took  the  occasion  to 
leave  town — on  vacation,  they  announced.  These 


THE  STORM  BREAKS  225 

incidents  occasioned  lively  comment.  As  our 
chronicler  before  quoted  tells  us:  "A  good 
many  who  had  things  on  their  minds  left  for  the 
country."  Still  it  rained  steadily,  and  still  the 
crowds  waited. 

The  prisoners,  Casey  and  Cora,  had  expected, 
when  taken  from  the  jail,  to  be  lynched  at  once. 
But,  since  the  execution  had  been  thus  long  post- 
poned, they  began  to  take  heart.  They  under- 
stood that  they  were  to  have  a  clear  trial  "ac- 
cording to  law "  —  a  phrase  which  was  in  those 
days  immensely  cheering  to  malefactors.  They 
were  not  entirely  cut  off  from  outside  communica- 
tion. Casey  was  allowed  to  see  several  men  on 
pressing  business,  and  permitted  to  talk  to  them 
freely,  although  before  a  witness  from  the  Com- 
mittee. Cora  received  visits  from  Belle  Cora, 
who  in  the  past  had  spent  thousands  on  his  legal 
defense.  Now  she  came  to  see  him  faithfully 
and  reported  every  effort  that  was  being  made. 

On  Tuesday,  the  20th,  Cora  was  brought  before 
the  Committee.  He  asked  for  counsel,  and 
Truett  was  appointed  to  act  for  him.  A  list  of 
witnesses  demanded  by  Cora  was  at  once  sum- 
moned, and  a  sub-committee  was  sent  to  bring 
them  before  the  board  of  trial.  All  the  ordinary 

IS 


226  THE  FORTY-NINERS 

forms  of  law  were  closely  followed,  and  all  the 
essential  facts  were  separately  brought  out.  It 
was  the  same  old  Cora  trial  over  again  with  one 
modification;  namely,  that  all  technicalities  and 
technical  delays  were  eliminated.  Not  an  attempt 
was  made  to  confine  the  investigation  to  the 
technical  trial.  By  dusk  the  case  for  the  prose- 
cution was  finished,  and  that  for  the  defense  was 
supposed  to  begin. 

During  all  this  long  interim  the  Executive  Com- 
mittee had  sat  in  continuous  session.  They  had 
agreed  that  no  recess  of  more  than  thirty  minutes 
should  be  taken  until  a  decision  had  been  reached. 
But  of  all  the  long  list  of  witnesses  submitted  by 
Cora  for  the  defense  not  one  could  be  found.  They 
were  in  hiding  and  afraid.  The  former  perjurers 
would  not  appear. 

It  was  now  falling  dusk.  The  corners  of  the 
great  room  were  in  darkness.  Beneath  the  ele- 
vated desk,  behind  which  sat  Coleman,  Bluxome, 
the  secretary,  lighted  a  single  oil  lamp,  the  better 
to  see  his  notes.  In  the  interest  of  the  proceed- 
ings a  general  illumination  had  not  been  ordered. 
Within  the  shadow,  the  door  opened  and  Charles 
Doane,  the  Grand  Marshal  of  the  Vigilantes, 
advanced  three  steps  into  the  room. 


THE  STORM  BREAKS  227 

"Mr.  President,"  he  said  clearly,  "I  am  in- 
structed to  announce  that  James  King  of  William 
is  dead." 

The  conviction  of  both  men  took  place  that 
night,  and  the  execution  was  ordered,  but  in 
secret. 

Thursday  noon  had  been  set  for  the  funeral  of 
James  King  of  William.  This  ceremony  was  to  take 
place  in  the  Unitarian  church.  A  great  multitude 
had  gathered  to  attend.  The  church  was  filled 
to  overflowing  early  in  the  day.  But  thousands 
of  people  thronged  the  streets  round  about,  and 
stood  patiently  and  seriously  to  do  the  man  honor. 
Historians  of  the  time  detail  the  names  of  many 
marching  bodies  from  every  guild  and  society  in 
the  new  city.  Hundreds  of  horsemen,  carriages, 
and  foot  marchers  got  themselves  quietly  into  the 
line.  They  also  were  excluded  from  the  funeral 
ceremonies  by  lack  of  room,  but  wished  to  do 
honor  to  the  cortege.  This  procession  is  said  to 
have  been  over  two  miles  in  length.  Each  man 
wore  a  band  of  crepe  around  his  left  arm.  All  the 
city  seemed  to  be  gathered  there.  And  yet  the 
time  for  the  actual  funeral  ceremony  was  still 
some  hours  distant. 

Nevertheless    the    few    who,   hurrying   to   the 


228  THE  FORTY-NINERS 

scene,  had  occasion  to  pass  near  the  Vigilante 
headquarters,  found  the  silent  square  guarded 
on  all  sides  by  a  triple  line  of  armed  men.  The 
side-streets  also  were  filled  with  them.  They  stood 
in  the  exact  alignment  their  constant  drill  had 
made  possible,  with  bayonets  fixed,  staring  straight 
ahead.  Three  thousand  were  under  arms.  Like 
the  vast  crowd  a  few  squares  away,  they,'  too, 
stood  silent  and  patiently  waiting. 

At  a  quarter  before  one  the  upper  windows  of 
the  headquarters  building  were  thrown  open  and 
small  planked  platforms  were  thrust  from  two  of 
them.  Heavy  beams  were  shoved  out  from  the 
flat  roof  directly  over  the  platforms.  From  the 
ends  of  the  beams  dangled  nooses  of  rope.  After 
this  another  wait  ensued.  Across  the  silence  of 
the  intervening  buildings  could  be  heard  faintly 
from  the  open  windows  of  the  church  the  sound 
of  an  organ,  and  then  the  measured  cadences  of 
an  oration.  The  funeral  services  had  begun.  As 
though  this  were  a  signal,  the  blinds  that  had 
closed  the  window .  openings  were  thrown  back 
and  Cora  was  conducted  to  the  end  of  one  of  the 
little  platforms.  His  face  was  covered  with  a 
white  handkerchief  and  he  was  bound.  A  mo- 
ment later  Casey  appeared.  He  had  asked  not 


THE  STORM  BREAKS  229 

to  be  blindfolded.  Cora  stood  bolt  upright, 
motionless  as  a  stone,  but  Casey's  courage  broke. 
If  he  had  any  hope  that  the  boastful  promises 
of  his  friends  would  be  fulfilled  by  a  rescue,  that 
hope  died  as  he  looked  down  on  the  set,  grim  faces, 
on  the  sinister  ring  of  steel.  His  nerve  then  de- 
serted him  completely  and  he  began  to  babble. 

"Gentlemen,"  he  cried  at  them,  "I  am  not  a 
murderer!  I  do  not  feel  afraid  to  meet  my  God 
on  a  charge  of  murder!  I  have  done  nothing 
but  what  I  thought  was  right!  Whenever  I  was 
injured  I  have  resented  it!  It  has  been  part  of 
my  education  during  twenty-nine  years!  Gentle- 
men, I  forgive  you  this  persecution!  O  God! 
My  poor  Mother!  O  God!" 

It  is  to  be  noted  that  he  said  not  one  word  of 
contrition  nor  of  regret  for  the  man  whose  funeral 
services  were  then  going  on,  nor  for  the  heart- 
broken wife  who  knelt  at  that  coffin.  His  words 
found  no  echo  against  that  grim  wall  of  steel. 
Again  ensued  a  wait,  apparently  inexplicable. 
Across  the  intervening  housetops  the  sound  of  the 
oration  ceased.  At  the  door  of  the  church  a  slight 
commotion  was  visible.  The  coffin  was  being 
carried  out.  It  was  placed  in  the  hearse.  Every 
head  was  bared.  There  followed  a  slight  pause; 


230  THE  FORTY-NINERS 

then  from  overhead  the  church-bell  boomed  out 
once.  Another  bell  in  the  next  block  answered; 
a  third,  more  distant,  chimed  in.  From  all  parts 
of  the  city  tolled  the  requiem. 

At  the  first  stroke  of  the  bell  the  funeral  cortege 
moved  forward  toward  Lone  Mountain  cemetery. 
At  the  first  stroke  the  Vigilantes  as  one  man  pre- 
sented arms.  The  platforms  dropped,  and  Casey 
and  Cora  fell  into  eternity. 


CHAPTER  XV 

THE  VIGILANTES  OF  '56 

THIS  execution  naturally  occasioned  a  great  storm 
of  indignation  among  the  erstwhile  powerful  ad- 
herents of  the  law.  The  ruling,  aristocratic  class, 
the  so-called  chivalry,  the  best  element  of  the 
city,  had  been  slapped  deliberately  in  the  face, 
and  this  by  a  lot  of  Yankee  shopkeepers.  The 
Committee  were  stigmatized  as  stranglers.  They 
ought  to  be  punished  as  murderers !  They  should 
be  shot  down  as  revolutionists!  It  was  realized, 
however,  that  the  former  customary  street-shoot- 
ing had  temporarily  become  unsafe.  Otherwise 
there  is  no  doubt  that  brawls  would  have  been 
more  frequent  than  they  were. 

An  undercurrent  of  confidence  was  apparent, 
however.  The  Law  and  Order  men  had  been 
surprised  and  overpowered.  They  had  yielded 
only  to  overwhelming  odds.  With  the  execution 
of  Cora  and  Casey  accomplished,  the  Committee 

231 


232  THE  FORTY-NINERS 

might  be  expected  to  disband.  And  when  the 
Committee  disbanded,  the  law  would  have  its 
innings.  Its  forces  would  then  be  better  organized 
and  consolidated,  its  power  assured.  It  could  then 
safely  apprehend  and  bring  to  justice  the  ring- 
leaders of  this  undertaking.  Many  of  the  hot- 
heads were  in  favor  of  using  armed  force  to  take 
Coleman  and  his  fellow-conspirators  into  custody. 
But  calmer  spirits  advised  moderation  for  the 
present,  until  the  time  was  more  ripe. 

But  to  the  surprise  and  indignation  of  these 
people,  the  Vigilantes  showed  no  intention  of 
disbanding.  Their  activities  extended  and  their 
organization  strengthened.  The  various  military 
companies  drilled  daily  until  they  went  through 
the  manual  with  all  the  precision  of  regular  troops. 
The  Committee's  book  remained  opened,  and  by 
the  end  of  the  week  over  seven  thousand  men  had 
signed  the  roll.  Loads  of  furniture  and  various 
supplies  stopped  at  the  doors  of  headquarters  and 
were  carried  in  by  members  of  the  organization. 
No  non-member  ever  saw  the  inside  of  the  building 
while  it  was  occupied  by  the  Committee  of  Vigi- 
lance. So  cooking  utensils,  cot-beds,  provisions, 
blankets,  bulletin-boards,  arms,  chairs  and  tables, 
field-guns,  ammunition,  and  many  other  supplies 


THE  VIGILANTES  OF  '56  233 

seemed  to  indicate  a  permanent  occupation. 
Doorkeepers  were  always  in  attendance,  and 
sentinels  patrolled  in  the  streets  and  on  the  roof. 
Every  day  the  Executive  Committee  was  in 
session  for  all  of  the  daylight  hours.  A  black- 
list was  in  preparation.  Orders  were  issued  for 
the  Vigilante  police  to  arrest  certain  men  and  to 
warn  certain  others  to  leave  town  immediately. 
A  choice  haul  was  made  of  the  lesser  lights  of  the 
ward-heelers  and  chief  politicians.  A  very  good 
sample  was  the  notorious  Yankee  Sullivan,  an 
ex-prize-fighter,  ward-heeler,  ballot-box  stuffer, 
and  shoulder-striker.  He,  it  will  be  remembered, 
was  the  man  who  returned  Casey  as  supervisor 
in  a  district  where,  as  far  as  is  known,  Casey  was 
not  a  candidate  and  no  one  could  be  found  who  had 
voted  for  him.  This  individual  went  to  pieces 
completely  shortly  after  his  arrest.  He  not  only 
confessed  the  details  of  many  of  his  own  crimes 
but,  what  was  more  important,  disclosed  valuable 
information  as  to  others.  His  testimony  was  im- 
portant, not  necessarily  as  final  proof  against  those 
whom  he  accused,  but  as  indication  of  the  need 
of  thorough  investigation.  Then  without  warn- 
ing he  committed  suicide  in  his  cell.  On  investi- 
gation it  turned  out  that  he  had  been  accustomed 


234  THE  FORTY-NINERS 

to  from  sixty  to  eighty  drinks  of  whiskey  each  day, 
and  the  sudden  and  complete  deprivation  had 
unhinged  his  mind.  Warned  by  this  unforeseen 
circumstance,  the  Committee  henceforth  issued 
regular  rations  of  whiskey  to  all  its  prisoners,  a 
fact  which  is  a  striking  commentary  on  the 
character  of  the  latter.  It  is  to  be  noted,  further- 
more, that  liquor  of  all  sorts  was  debarred  from 
the  deliberations  of  the  Vigilantes  themselves. 

Trials  went  briskly  forward  in  due  order,  with 
counsel  for  defense  and  ample  opportunity  to 
call  witnesses.  There  were  no  more  capital 
punishments.  It  was  made  known  that  the 
Committee  had  set  for  itself  a  rule  that  capital 
punishment  would  be  inflicted  by  it  only  for  crimes 
so  punishable  by  the  regular  law.  But  each  out- 
going ship  took  a  crowd  of  the  banished.  The 
majority  of  the  first  sweepings  were  low  thugs  — 
"Sydney  Ducks,"  hangers-on,  and  the  worst  class 
of  criminals;  but  a  certain  number  were  taken 
from  what  had  been  known  as  the  city's  best. 
In  the  law  courts  these  men  would  have  been 
declared  as  white  as  the  driven  snow;  in  fact,  that 
had  actually  happened  to  some  of  them.  But 
they  were  plainly  undesirable  citizens.  The  Com- 
mittee so  decided  and  bade  them  depart.  Among 


THE  VIGILANTES  OF  '56  235 

the  names  of  men  who  were  prominent  and  influen- 
tial in  the  early  history  of  the  city,  but  who  now 
were  told  to  leave,  were  Charles  Duane,  Woolley 
Kearny,  William  McLean,  J.  D.  Musgrave,  Peter 
Wightman,  James  White,  and  Edward  McGowan. 
Hundreds  of  others  left  the  city  of  their  own 
accord.  Terror  spread  among  the  inhabitants 
of  the  underworld.  Some  of  the  minor  offenders 
brought  in  by  the  Vigilante  police  were  turned 
over  by  the  Executive  Committee  to  the  regular 
law  courts.  It  is  significant  that,  whereas  con- 
victions had  been  almost  unknown  up  to  this 
time,  every  one  of  these  offenders  was  promptly 
sentenced  by  those  courts. 

But  though  the  underworld  was  more  or  less 
terrified,  the  upper  grades  were  only  the  further 
aroused.  Many  sincerely  believed  that  this  move- 
ment was  successful  only  because  it  was  organized, 
that  the  people  of  the  city  were  scattered  and 
powerless,  that  they  needed  only  to  be  organized 
to  combat  the  forces  of  disorder.  In  pursuance 
of  the  belief  that  the  public  at  large  needed  merely 
to  be  called  together  loyally  to  defend  its  institu- 
tions, a  meeting  was  set  for  June  2,  in  Ports- 
mouth Square.  Elaborate  secret  preparations,  in- 
cluding the  distribution  of  armed  men,  were  made 


236  THE  FORTY-NINERS 

to  prevent  interference.  Such  preparations  were 
useless.  Immediately  after  the  appearance  of  the 
notice  the  Committee  of  Vigilance  issued  orders 
that  the  meeting  was  to  be  in  no  manner  dis- 
couraged or  molested. 

It  was  well  attended.  Enormous  crowds  gath- 
ered, not  only  in  and  around  the  Square  itself,  but 
in  balconies  and  windows  and  on  housetops.  It 
was  a  very  disrespectful  crowd,  evidently  out  for 
a  good  time.  On  the  platform  within  the  Square 
stood  or  sat  the  owners  of  many  of  the  city's  proud 
names.  Among  them  were  well-known  speakers, 
men  who  had  never  failed  to  hold  and  influence  a 
crowd.  But  only  a  short  distance  away  little  could 
be  heard.  It  early  became  evident  that,  though 
there  would  be  no  interference,  the  sentiment  of  the 
crowd  was  adverse.  And  what  must  have  been 
particularly  maddening  was  that  the  sentiment 
was  good-humored.  Colonel  Edward  Baker  came 
forward  to  speak.  The  Colonel  was  a  man  of 
great  eloquence,  so  that  in  spite  of  his  considerable 
lack  of  scruples  he  had  won  his  way  to  a  pictur- 
esque popularity  and  fame.  But  the  crowd  would 
have  little  of  him  this  day,  and  an  almost  continu- 
ous uproar  drowned  out  his  efforts.  The  usual 
catch  phrases,  such  as  "liberty,"  "Constitution," 


THE  VIGILANTES  OF  '56  237 

"habeas  corpus, "  "trial  by  jury, "  and  "freedom, '* 
occasionally  became  audible,  but  the  people  were 
not  interested.  "See  Cora's  defender!"  cried 
someone,  voicing  the  general  suspicion  that  Baker 
had  been  one  of  the  little  gambler's  hidden  counsel. 
"Cora!"  "Ed.  Baker!"  "$10,000!"  "Out  of  that, 
you  old  reprobate ! "  He  spoke  ten  minutes  against 
the  storm  and  then  yielded,  red-faced  and  angry. 
Others  tried  but  in  vain.  A  Southerner,  Benham, 
inveighing  passionately  against  the  conditions  of 
the  city,  in  throwing  back  his  coat  happened  in- 
advertently to  reveal  the  butt  of  a  Colt  revolver. 
The  bystanders  immediately  caught  the  point. 
"There's  a  pretty  Law  and  Order  man!"  they 
shouted.  "Say,  Benham,  don't  you  know  it's 
against  the  law  to  go  armed?" 

"I  carry  this  weapon, "  he  cried,  shaking  his  fist, 
"not  as  an  instrument  to  overthrow  the  law,  but 
to  uphold  it. " 

Someone  from  a  balcony  nearby  interrupted: 
"In  other  words,  sir,  you  break  the  law  in  order 
to  uphold  the  law.  What  more  are  the  Vigilantes 
doing?" 

The  crowd  went  wild  over  this  response.  The 
confusion  became  worse.  Upholders  of  Law  and 
Order  thrust  forward  Judge  Campbell  in  the  hope 


238  THE  FORTY-NINERS 

that  his  age  and  authority  on  the  bench  would 
command  respect.  He  was  unable,  however,  to 
utter  even  two  consecutive  sentences. 

"I  once  thought,"  he  interrupted  himself 
piteously,  "that  I  was  the  free  citizen  of  a  free 
country.  But  recent  occurrences  have  convinced 
me  that  I  am  a  slave,  more  a  slave  than  any  on  a 
Southern  plantation,  for  they  know  their  masters, 
but  I  know  not  mine!" 

But  his  auditors  refused  to  be  affected  by 
pathos. 

"Oh,  yes  you  do,"  they  informed  him.  "You 
know  your  masters  as  well  as  anybody.  Two 
of  them  were  hanged  the  other  day!" 

Though  this  attempt  at  home  to  gain  coherence 
failed,  the  partisans  at  Sacramento  had  better  luck. 
They  collected,  it  was  said,  five  hundred  men 
hailing  from  all  quarters  of  the  globe,  but  chiefly 
from  the  Southeast  and  Texas.  All  of  them  were 
fire-eaters,  reckless,  and  sure  to  make  trouble. 
Two  pieces  of  artillery  were  reported  coming  down 
the  Sacramento  to  aid  all  prisoners,  but  especially 
Billy  Mulligan.  The  numbers  were  not  in  them- 
selves formidable  as  opposed  to  the  enrollment 
of  the  Vigilance  Committee,  but  it  must  be 
remembered  that  the  city  was  full  of  scattered 


THE  VIGILANTES  OF  '56  239 

warriors  and  of  cowed  members  of  the  underworld 
waiting  only  leaders  and  a  rallying  point.  Even 
were  the  Vigilantes  to  win  in  the  long  run,  the 
material  for  a  very  pretty  civil  war  was  ready 
to  hand.  Two  hundred  men  were  hastily  put  to 
filling  gunnybags  with  sand  and  to  fortifying  not 
only  headquarters  but  the  streets  round  about. 
Cannon  were  mounted,  breastworks  were  piled,  and 
embrasures  were  cut.  By  morning  Fort  Gunny- 
bags,  as  headquarters  was  henceforth  called,  had 
come  into  existence. 

The  fire-eaters  arrived  that  night,  but  they  were 
not  five  hundred  strong,  as  excited  rumor  had  it. 
They  disembarked,  greeting  the  horde  of  friends 
who  had  come  to  meet  them,  marched  in  a  body  to 
Fort  Gunnybags,  looked  it  over,  stuck  their  hands 
into  their  pockets,  and  walked  peacefully  away  to 
the  nearest  bar-rooms.  This  was  the  wisest  move 
on  their  part,  for  by  now  the  disposition  of  the 
Vigilante  men  was  so  complete  that  nothing  short 
of  regularly  organized  troops  could  successfully 
have  dislodged  them. 

Behind  headquarters  was  a  long  shed  and  stable 
in  which  were  to  be  found  at  all  hours  saddle 
horses  and  artillery  horses,  saddled  and  bridled, 
ready  for  instant  use.  Twenty-six  pieces  of  artil- 


240  THE  FORTY-NINERS 

lery,  most  of  them  sent  in  by  captains  of  vessels 
in  the  harbor,  were  here  parked.  Other  cannon 
were  mounted  for  the  defense  of  the  fort  itself. 
Muskets,  rifles,  and  sabers  had  been  accumulated. 
A  portable  barricade  had  been  constructed  in  the 
event  of  possible  street  fighting  —  a  sort  of  wheeled 
framework  that  could  be  transformed  into  lit- 
ters or  scaling-ladders  at  will.  Mess  offices  and 
kitchens  were  there  that  could  feed  a  small  army. 
Flags  and  painted  signs  carrying  the  open  eye 
that  had  been  adopted  as  emblematic  of  vigilance 
decorated  the  main  room.  A  huge  alarm  bell  had 
been  mounted  upon  the  roof.  Mattresses,  beds, 
cots,  and  other  furniture  necessary  to  accommodate 
whole  companies  on  the  premises  themselves,  had 
been  provided.  A  completely  equipped  armorers' 
shop  and  a  hospital  with  all  supplies  occupied  the 
third  story.  The  forces  were  divided  into  four 
companies  of  artillery,  one  squadron  and  two 
troops  of  cavalry,  four  regiments  and  thirty-two 
companies  of  infantry,  besides  the  small  but  very 
efficient  police  organization.  A  tap  on  the  bell 
gathered  these  men  in  an  incredibly  short  space  of 
time.  Bancroft  says  that,  as  a  rule,  within  fifteen 
minutes  of  the  first  stroke  seven- tenths  of  the 
entire  forces  would  be  on  hand  ready  for  combat. 


THE  VIGILANTES  OF  '56  241 

The  Law  and  Order  people  recognized  the 
strength  of  this  organization  and  realized  that  they 
must  go  at  the  matter  in  a  more  thorough  manner. 
They  turned  their  attention  to  the  politics  of  the 
structure,  and  here  they  had  every  reason  to  hope 
for  success.  No  matter  how  well  organized  the 
Vigilantes  might  be  or  how  thoroughly  they 
might  carry  the  sympathies  of  the  general  public, 
there  was  no  doubt  that  they  were  acting  in 
defiance  of  constituted  law,  and  therefore  were 
nothing  less  than  rebels.  It  was  not  only  within 
the  power,  but  it  was  also  a  duty,  of  the  Governor 
to  declare  the  city  in  a  condition  of  insurrection. 
When  he  had  done  this,  the  state  troops  must  put 
down  the  insurrection;  and,  if  they  failed,  then  the 
Federal  Government  itself  should  be  called  on. 
Looked  at  in  this  way,  the  small  handful  of 
disturbers,  no  matter  how  well  armed  and  dis- 
ciplined, amounted  to  very  little. 

Naturally  the  Governor  had  first  to  be  won 
over.  Accordingly  all  the  important  men  of  San 
Francisco  took  the  steamer  Senator  for  Sacramento 
where  they  met  Judge  Terry,  of  the  Supreme 
Court  of  California,  Volney  Howard,  and  others 
of  the  same  ilk.  No  governor  of  Johnson's  nature 
could  long  withstand  such  pressure.  He  promised 


16 


242  THE  FORTY-NINERS 

to  issue  the  required  proclamation  of  insurrection 
as  soon  as  it  could  be  "legally  proved"  that  the 
Vigilance  Committee  had  acted  outside  the  law. 
The  small  fact  that  it  had  already  hanged  two  and 
deported  a  great  many  others,  to  say  nothing  of 
taking  physical  possession  of  the  city,  meant  little 
to  these  legal  minds. 

In  order  that  all  things  should  be  technically 
correct,  then,  Judge  Terry  issued  a  writ  of  habeas 
corpus  for  William  Mulligan  and  gave  it  into  the 
hands  of  Deputy  Sheriff  Harrison  for  service  on  the 
Committee.  It  was  expected  that  the  Committee 
would  deny  the  writ,  which  would  constitute  legal 
defiance  of  the  State.  The  Governor  would  then 
be  justified  in  issuing  the  proclamation.  If  the 
state  troops  proved  unwilling  or  inadequate,  as 
might  very  well  be,  the  plan  was  then  to  call  on  the 
United  States.  The  local  representatives  of  the 
central  government  were  at  that  time  General 
Wool  commanding  the  military  department  of 
California,  and  Captain  David  Farragut  in  com- 
mand of-  the  navy-yard.  Within  their  command 
was  a  force  sufficient  to  subdue  three  times  the 
strength  of  the  Vigilance  Committee.  William 
Tecumseh  Sherman,  then  in  private  life,  had  been 
appointed  major-general  of  a  division  of  the 


THE  VIGILANTES  OF  '56  243 

state  militia.     As  all  this  was  strictly  legal,  the 
plan  could  not  possibly  fail. 

Harrison  took  the  writ  of  habeas  corpus  and 
proceeded  to  San  Francisco.  He  presented  him- 
self at  headquarters  and  offered  his  writ.  Instead 
of  denying  it,  the  Committee  welcomed  him  cor- 
dially and  invited  him  to  make  a  thorough  search 
of  the  premises.  Of  course  Harrison  found  nothing 
—  the  Committee  had  seen  to  that  —  and  departed. 
The  scheme  had  failed.  The  Committee  had  in 
no  way  denied  his  authority  or  his  writ.  But 
Harrison  saw  clearly  what  had  been  expected  of 
him.  To  Judge  Terry  he  unblushingly  returned 
the  writ  endorsed  "prevented  from  service  by 
armed  men. "  For  the  sake  of  his  cause,  Harrison 
had  lied.  However,  the  whole  affair  was  now 
regarded  as  legal. 

Johnson  promptly  issued  his  proclamation. 
The  leaders,  in  high  feather,  as  promptly  turned 
to  the  federal  authorities  for  the  assistance  they 
needed.  As  yet  they  did  not  ask  for  troops  but 
only  for  weapons  with  which  to  arm  their  own 
men.  To  their  blank  dismay  General  Wool 
refused  to  furnish  arms.  He  took  the  position 
that  he  had  no  right  to  do  so  without  orders 
from  Washington.  There  is  no  doubt,  however, 


244  THE  FORTY-NINERS 

that  this  technical  position  cloaked  the  doughty 
warrior's  real  sympathies.  Colonel  Baker  and 
Volney  Howard  were  instructed  to  wait  on  him. 
After  a  somewhat  lengthy  conversation,  they 
made  the  mistake  of  threatening  him  with  a 
report  to  Washington  for  refusing  to  uphold  the 
law. 

"I  think,  gentlemen,"  flashed  back  the  veteran 
indignantly,  "I  know  my  duty  and  in  its  perform- 
ance dread  no  responsibility!"  He  promptly 
bowed  them  out. 

In  the  meantime  the  Executive  Committee  had 
been  patiently  working  down  through  its  black- 
list. It  finally  announced  that  after  June  24  it 
would  consider  no  fresh  cases,  and  a  few  days  later 
it  proclaimed  an  adjournment  parade  on  July  4. 
It  considered  its  work  completed  and  the  city  safe. 

It  may  be  readily  imagined  that  this  peaceful 
outcome  did  not  in  the  least  suit  the  more  aristo- 
cratic members  of  the  Law  and  Order  party. 
They  were  a  haughty,  individualistic,  bold,  force- 
ful, sometimes  charming  band  of  fire-eaters.  In 
their  opinion  they  had  been  deeply  insulted. 
They  wanted  reprisal  and  punishment. 

When  therefore  the  Committee  set  a  definite 
day  for  disbanding,  the  local  authorities  and 


THE  VIGILANTES  OF  '56  245 

upholders  of  law  were  distinctly  disappointed. 
They  saw  slipping  away  the  last  chance  for  a 
clash  of  arms  that  would  put  these  rebels  in  their 
places.  There  was  some  thought  of  arresting 
the  ringleaders,  but  the  courts  were  by  now  so 
well  terrorized  that  it  was  by  no  means  certain 
that  justice  as  defined  by  the  Law  and  Order 
party  could  be  accomplished.  And  even  if 
conviction  could  be  secured,  the  representatives 
of  the  law  found  little  satisfaction  in  ordinary 
punishment.  What  they  wanted  was  a  fight. 

General  Sherman  had  resigned  his  command 
of  the  military  forces  in  disgust.  In  his  stead 
was  chosen  General  Volney  Howard,  a  man 
typical  of  his  class,  blinded  by  his  prejudices  and 
his  passions,  filled  with  a  sense  of  the  importance 
of  his  caste,  and  without  grasp  of  the  broader 
aspects  of  the  situation.  In  the  Committee's 
present  attitude  he  saw  not  the  signs  of  a  job 
well  done,  but  indications  of  weakening,  and 
he  considered  this  a  propitious  moment  to  show 
his  power.  In  this  attitude  he  received  enthusi- 
astic backing  from  Judge  Terry  and  his  narrow 
coterie.  Terry  was  then  judge  of  the  Supreme 
Court;  and  a  man  more  unfitted  for  the  position 
it  would  be  difficult  to  find.  A  tall,  attractive, 


246  THE  FORTY-NINERS 

fire-eating  Texan  with  a  charming  wife,  he  stood 
high  in  the  social  life  of  the  city.  His  temper  was 
undisciplined  and  completely  governed  his  judg- 
ment. Intensely  partisan  and,  as  usual  with  his 
class,  touchy  on  the  point  of  honor,  he  did  precisely 
the  wrong  thing  on  every  occasion  where  cool 
decision  was  demanded. 

It  was  so  now.  The  Law  and  Order  party 
persuaded  Governor  Johnson  to  order  a  parade 
of  state  troops  in  the  streets  of  San  Francisco. 
The  argument  used  was  that  such  a  parade  of 
legally  organized  forces  would  overawe  the  citizens. 
The  secret  hope,  however,  which  was  well  founded, 
was  that  such  a  display  would  promote  the  desired 
conflict.  This  hope  they  shared  with  Howard, 
after  the  Governor's  orders  had  been  obtained. 
Howard's  vanity  jumped  with  his  inclination.  He 
consented  to  the  plot.  A  more  ill-timed,  idiotic 
maneuver,  with  the  existing  state  of  the  public 
mind,  it  would  be  impossible  to  imagine.  Either 
we  must  consider  Terry  and  Howard  weak- 
minded  to  the  point  of  an  inability  to  reason  from 
cause  to  effect,  or  we  must  ascribe  to  them  more 
sinister  motives. 

By  now  the  Law  and  Order  forces  had  become 
numerically  more  formidable.  The  lower  element 


THE  VIGILANTES  OF  '56  247 

flocked  to  the  colors  through  sheer  fright.  A 
certain  proportion  of  the  organized  remained  in 
the  ranks,  though  a  majority  had  resigned.  There 
was,  as  is  usual  in  a  new  community,  a  very  large 
contingent  of  wild,  reckless  young  men  without 
a  care  in  the  world,  with  no  possible  interest  in 
the  rights  and  wrongs  of  the  case,  or,  indeed,  in 
themselves.  They  were  eager  only  for  adventure 
and  offered  themselves  just  as  soon  as  the  prospects 
for  a  real  fight  seemed  good.  Then,  too,  they 
could  always  count  on  the  five  hundred  Texans 
who  had  been  imported. 

There  were  plenty  of  weapons  with  which  to  arm 
these  partisans.  Contrary  to  all  expectations,  the 
Vigilance  Committee  had  scrupulously  refrained 
from  interfering  with  the  state  armories.  All 
the  muskets  belonging  to  the  militia  were  in  the 
armories  and  were  available  in  different  parts  of 
the  city.  In  addition,  the  State,  as  a  common- 
wealth, had  a  right  to  a  certain  number  of  federal 
weapons  stored  in  arsenals  at  Benicia.  These 
could  be  requisitioned  in  due  form. 

But  at  this  point,  it  has  been  said,  the  legal 
minds  of  the  party  conceived  a  bright  plan.  The 
muskets  at  Benicia  on  being  requisitioned  would 
have  to  cross  the  bay  in  a  vessel  of  some  sort. 


248  THE  FORTY-NINERS 

Until  the  muskets  were  actually  delivered  they 
were  federal  property.  Now  if  the  Vigilance 
Committee  were  to  confiscate  the  arms  while  on 
the  transporting  vessel,  and  while  still  federal 
property,  the  act  would  be  piracy;  the  interceptors, 
pirates.  The  Law  and  Order  people  could  legally 
call  on  the  federal  forces,  which  would  be  com- 
pelled to  respond.  If  the  Committee  of  Vigilance 
did  not  fall  into  this  trap,  then  the  Law  and  Order 
people  would  have  the  muskets  anyway.1 

To  carry  out  this  plot  they  called  in  a  saturnine, 
lank,  drunken  individual  whose  name  was  Rube 
Maloney.  Maloney  picked  out  two  men  of  his 
own  type  as  assistants.  He  stipulated  only  that 
plenty  of  "refreshments"  should  be  supplied.  Ac- 
cording to  instructions  Maloney  was  to  operate 
boldly  and  flagrantly  in  full  daylight.  But  the 
refreshment  idea  had  been  rather  liberally  inter- 
preted. By  six  o'clock  Rube  had  just  sense  enough 
left  to  anchor  off  Pueblo  Point.  There  all  gave 
serious  attention  to  the  rest  of  the  refreshments, 
and  finally  rolled  over  to  sleep  off  the  effects. 

In  the  meantime  news  of  the  intended  shipment 
had  reached  the  headquarters  of  the  Vigilantes. 

1  Mr.  H.  H.  Bancroft,  in  his  Popular  Tribunals,  holds  that  no 
proof  of  this  plot  exists. 


THE  VIGILANTES  OF  '56  249 

The  Executive  Committee  went  into  immediate 
session.  It  was  evident  that  the  proposed  dis- 
banding would  have  to  be  postponed.  A  discus- 
sion followed  as  to  methods  of  procedure  to  meet 
this  new  crisis.  The  Committee  fell  into  the  trap 
prepared  for  it.  Probably  no  one  realized  the 
legal  status  of  the  muskets,  but  supposed  them  to 
belong  already  to  the  State.  Marshal  Doane 
was  instructed  to  capture  them.  He  called  to  him 
the  chief  of  the  harbor  police. 

"Have  you  a  small  vessel  ready  for  immediate 
service?"  he  asked  this  man. 

"Yes,  a  sloop,  at  the  foot  of  this  street." 

"Be  ready  to  sail  in  half  an  hour. " 

Doane  then  called  to  his  assistance  a  quick- 
witted man  named  John  Durkee.  This  man 
had  been  a  member  of  the  regular  city  police 
until  the  shooting  of  James  King  of  William.  At 
that  time  he  had  resigned  his  position  and  joined  the 
Vigilance  police.  He  was  loyal  by  nature,  steady 
in  execution,  and  essentially  quick-witted,  quali- 
ties that  stood  everybody  in  very  good  stead  as 
will  be  shortly  seen.  He  picked  out  twelve 
reliable  men  to  assist  him,  and  set  sail  in  the  sloop. 

For  some  hours  he  beat  against  the  wind  and  the 
tide;  but  finally  these  became  so  strong  that  he  was 


250  THE  FORTY-NINERS 

forced  to  anchor  in  San  Pablo  Bay  until  conditions 
had  modified.  Late  in  the  afternoon  he  was  again 
able  to  get  under  way.  Several  of  the  tramps 
sailing  about  the  bay  were  overhauled  and  ex- 
amined, but  none  proved  to  be  the  prize.  About 
dark  the  breeze  died,  leaving  the  little  sloop  barely 
under  steerageway.  A  less  persistent  man  than 
Durkee  would  have  anchored  for  the  night,  but 
Durkee  had  received  his  instructions  and  intended 
to  find  the  other  sloop,  and  it  was  he  himself  who 
first  caught  the  loom  of  a  shadow  under  Pueblo 
Point. 

He  bore  down  and  perceived  it  to  be  the 
sloop  whose  discovery  he  desired.  The  twelve 
men  boarded  with  a  rush,  but  found  themselves  in 
possession  of  an  empty  deck.  The  fumes  of 
alcohol  and  the  sound  of  snoring  guided  the 
boarding-party  to  the  object  of  their  search  and 
the  scene  of  their  easy  victory.  Durkee  trans- 
ferred the  muskets  and  prisoners  to  his  own  craft; 
and  returned  to  the  California  Street  wharf  shortly 
after  daylight.  A  messenger  was  dispatched  to 
headquarters.  He  returned  with  instructions  to 
deliver  the  muskets  but  to  turn  loose  the  prison- 
ers. Durkee  was  somewhat  astonished  at  the 
latter  order  but  complied. 


THE  VIGILANTES  OF  '56  251 

"  All  right, "  he  is  reported  to  have  said.  "Now, 
you  measly  hounds,  you've  got  just  about  twenty- 
eight  seconds  to  make  yourselves  as  scarce  as  your 
virtues. " 

Maloney  and  his  crew  wasted  few  of  the  twenty- 
eight  seconds  in  starting,  but  once  out  of  sight  they 
regained  much  of  their  bravado.  A  few  drinks 
restored  them  to  normal,  and  enabled  them  to 
put  a  good  face  on  the  report  they  now  made  to 
their  employers.  Maloney  and  his  friends  then 
visited  in  turn  all  the  saloons.  The  drunker  they 
grew,  the  louder  they  talked,  reviling  the  Com- 
mittee collectively  and  singly,  bragging  that  they 
would  shoot  at  sight  Coleman,  Truett,  Durkee, 
and  several  others  whom  they  named.  They  flour- 
ished weapons  publicly,  and  otherwise  became 
obstreperous.  The  Committee  decided  that  their 
influence  was  bad  and  instructed  Sterling  Hopkins, 
with  four  others,  to  arrest  the  lot  and  bring  them 
in. 

The  news  of  this  determination  reached  the 
offending  parties.  They  immediately  fled  to  their 
masters  like  cur  dogs.  Their  masters,  who 
included  Terry,  Bowie,  and  a  few  others,  hap- 
pened to  be  discussing  the  situation  in  the  office 
of  Richard  Ashe,  a  Texan.  The  crew  burst  into 


252  THE  FORTY-NINERS 

this  gathering  very  much  scared,  with  a  statement 
that  a  "thousand  stranglers"  were  at  their  heels. 
Hopkins,  having  left  his  small  posse  at  the  foot  of 
the  stairs,  knocked  and  entered  the  room.  He  was 
faced  by  the  muzzles  of  half  a  dozen  pistols  and 
told  to  get  out  of  there.  Hopkins  promptly 
obeyed. 

If  Terry  had  possessed  the  slightest  degree  of 
leadership  he  would  have  seen  that  this  was  the 
worst  of  all  moments  to  precipitate  a  crisis.  The 
forces  of  his  own  party  were  neither  armed  nor 
ready.  But  here,  as  in  all  other  important  crises 
of  his  career,  he  was  governed  by  the  haughty  and 
headstrong  passion  of  the  moment. 

Hopkins  left  his  men  on  guard  at  the  foot  of  the 
stairs,  borrowed  a  horse  from  a  passer-by,  and 
galloped  to  headquarters.  There  he  was  instruc- 
ted to  return  and  stay  on  watch,  and  was  told  that 
reinforcements  would  soon  follow.  He  arrived 
before  the  building  in  wyhich  Ashe's  office  was 
located  in  time  to  see  Maloney,  Terry,  Ashe, 
McNabb,  Bowie,  and  Rowe,  all  armed  with  shot- 
guns, just  turning  a  far  corner.  He  dismounted 
and  called  on  his  men,  who  followed.  The  little 
posse  dogged  the  judge's  party  for  some  distance. 
For  a  little  time  no  attention  was  paid  to  them. 


THE  VIGILANTES  OF  '56  253 

but  as  they  pressed  closer,  Terry,  Ashe,  and  Ma- 
loney  turned  and  presented  their  shot-guns.  This 
was  probably  intended  only  as  a  threat,  but  Hop- 
kins, who  was  always  overbold,  lunged  at  Maloney. 
Terry  thrust  his  gun  at  a  Vigilante  who  seized 
it  by  the  barrel.  At  the  same  instant  Ashe 
pressed  the  muzzle  of  his  weapon  against  the 
breast  of  a  man  named  Bovee,  but  hesitated  to 
pull  the  trigger.  It  was  not  at  that  time  as 
safe  to  shoot  men  in  the  open  street  as  it  had 
been  formerly.  Barry  covered  Howe  with  a  pistol. 
Rowe  dropped  his  gun  and  ran  towards  the  arm- 
ory. The  accidental  discharge  of  a  pistol  seemed 
to  unnerve  Terry.  He  whipped  out  a  long  knife 
and  plunged  it  into  Hopkins's  neck.  Hopkins 
relaxed  his  hold  on  Terry's  shot-gun  and  staggered 
back. 

"I  am  stabbed!  Take  them,  Vigilantes!"  he 
said. 

He  dropped  to  the  sidewalk.  Terry  and  his 
friends  ran  towards  the  armory.  Of  the  Vigilante 
posse  only  Bovee  and  Barry  remained,  but  these 
two  pursued  the  fleeing  Law  and  Order  men  to 
the  very  doors  of  the  armory  itself.  When  the 
portals  were  slammed  in  their  faces  they  took  up 
their  stand  outside;  and  alone  these  two  men  held 


254  THE  FORTY-NINERS 

imprisoned  several  hundred  men!  During  the 
next  few  minutes  several  men  attempted  entrance 
to  the  armory,  among  them  our  old  friend  Volney 
Howard.  All  were  turned  back  and  were  given  the 
impression  that  the  armory  was  already  in  charge 
of  the  Vigilantes.  After  a  little,  however,  doubt- 
less to  the  great  relief  of  the  "outside  garrison" 
of  the  armory,  the  great  Vigilante  bell  began  to 
boom  out  its  signals:  one,  two,  three  —  rest;  one, 
two,  three  —  rest;  and  so  on. 

Instantly  the  streets  were  alive  with  men. 
Merchants  left  their  customers,  clerks  their  books, 
mechanics  their  tools.  Draymen  stripped  their 
horses  of  harness,  abandoned  their  wagons,  and 
rode  away  to  join  their  cavalry.  Within  an 
incredibly  brief  space  of  time  everybody  was  off 
for  the  armory,  the  military  companies  marching 
like  veterans,  the  artillery  rumbling  over  the  pave- 
ment. The  cavalry,  jogging  along  at  a  slow  trot, 
covered  the  rear.  A  huge  and  roaring  mob 
accompanied  them,  followed  them,  raced  up  the 
side-streets  to  arrive  at  the  armory  at  the  same 
time  as  the  first  files  of  the  military  force.  They 
found  the  square  before  the  building  entirely 
deserted  except  for  the  dauntless  Barry  and  Bovee, 
who  still  marched  up  and  down  singlehanded,  hold 


THE  VIGILANTES  OF  '56  255 

ing  the  garrison  within.  They  were  able  to  report 
that  no  one  had  either  entered  or  left  the  armory. 

Inside  the  building  the  spirit  had  become  one  of 
stubborn  sullenness.  Terry  was  very  sorry  —  as, 
indeed,  he  well  might  be  —  a  Judge  of  the  Supreme 
Court,  who  had  no  business  being  in  San  Fran- 
cisco at  all.  Sworn  to  uphold  the  law,  and  osten- 
sibly on  the  side  of  the  Law  and  Order  party,  he 
had  stepped  out  from  his  jurisdiction  to  commit 
as  lawless  and  as  idiotic  a  deed  of  passion  and 
prejudice  as  could  well  have  been  imagined. 
Whatever  chances  the  Law  and  Order  party  might 
have  had  heretofore  were  thereby  dissipated. 
Their  troops  were  scattered  in  small  units;  their 
rank  and  file  had  disappeared  no  one  knew  where; 
their  enemies  were  fully  organized  and  had  been 
mustered  by  the  alarm  bell  to  their  usual  alertness 
and  capability;  and  Terry's  was  the  hand  that  had 
struck  the  bell! 

He  was  reported  as  much  chagrined. 

"This  is  very  unfortunate,  very  unfortunate," 
he  said;  "but  you  shall  not  imperil  your  lives  for 
me.  It  is  I  they  want.  I  will  surrender  to  them. " 

Instead  of  the  prompt  expostulations  which  he 
probably  expected,  a  dead  silence  greeted  these 
words. 


356  THE  FORTY-NINERS 

"There  is  nothing  else  to  do,"  agreed  Ashe  at 
last. 

An  exchange  of  notes  in  military  fashion  fol- 
lowed. Ashe,  as  commander  of  the  armory  and 
leader  of  the  besieged  party,  offered  to  surrender 
to  the  Executive  Committee  of  the  Vigilantes  if 
protected  from  violence.  The  Executive  Com- 
mittee demanded  the  surrender  of  Terry,  Maloney, 
and  Philips,  as  well  as  of  all  arms  and  ammunition, 
promising  that  Terry  and  Maloney  should  be 
protected  against  persons  outside  the  organi- 
zation. On  receiving  -this  assurance,  Ashe  threw 
open  the  doors  of  the  armory  and  the  Vigilantes 
marched  in. 

"All  present  were  disarmed,"  writes  Bancroft. 
"Terry  and  Maloney  were  taken  charge  of  and 
the  armory  was  quickly  swept  of  its  contents. 
Three  hundred  muskets  and  other  munitions  of 
war  were  carried  out  and  placed  on  drays.  Two 
carriages  then  drove  up,  in  one  of  which  was 
placed  Maloney  and  in  the  other  Terry.  Both 
were  attended  by  a  strong  escort,  Olney  forming 
round  them  with  his  Citizens'  Guard,  increased 
to  a  battalion.  Then  in  triumph  the  Committee 
men,  with  their  prisoners  and  plunder  enclosed 
in  a  solid  body  of  infantry  and  these  again 


THE  VIGILANTES  OF  '56  257 

surrounded  by  cavalry,   marched  back  to  their 
rooms. " 

Nor  was  this  all.  Coleman,  like  a  wise  gen- 
eral, realizing  that  compromise  was  no  longer 
possible,  sent  out  his  men  to  take  possession  of 
all  the  encampments  of  the  Law  and  Order  forces. 
The  four  big  armories  were  cleaned  out  while 
smaller  squads  of  men  combed  the  city  house  by 
house  for  concealed  arms.  By  midnight  the  job 
was  done.  The  Vigilantes  were  in  control  of  the 
situation. 


CHAPTER  XVI 

THE   TRIUMPH   OF   THE   VIGILANTES 

JUDGE  TERRY  was  still  a  thorny  problem  to  handle. 
After  all,  he  was  a  Judge  of  the  Supreme  Court. 
At  first  his  attitude  was  one  of  apparent  humility, 
but  as  time  went  on  he  regained  his  arrogant 
attitude  and  from  his  cell  issued  defiances  to  his 
captors.  He  was  aided  and  abetted  by  his  high- 
spirited  wife,  and  in  many  ways  caused  the 
members  of  the  Committee  a  great  deal  of  trouble. 
If  Hopkins  were  to  die,  they  could  do  no  less 
than  hang  Terry  in  common  consistency  and 
justice.  But  they  realized  fully  that  in  executing 
a  Justice  of  the  Supreme  Court  they  would  be 
wading  into  pretty  deep  water.  The  state  and 
federal  authorities  were  inclined  to  leave  them 
alone  and  let  them  work  out  the  manifestly  desir- 
able reform,  but  it  might  be  that  such  an  act 
would  force  official  interference.  As  one  member 
of  the  Committee  expressed  it,  "They  had  gone 

258 


THE  TRIUMPH  OF  THE  VIGILANTES  259 

gunning  for  ferrets  and  had  coralled  a  grizzly." 
Nevertheless  Terry  was  indicted  before  the  Com- 
mittee on  the  following  counts,  a  statement  of 
which  gives  probably  as  good  a  bird's  eye  view  of 
Terry  as  numerous  pages  of  personal  description: 

Resisting  with  violence  the  officers  of  the  Vigilance 
Committee  while  in  the  discharge  of  their  duties. 

Committing  an  assault  with  a  deadly  weapon  with 
intent  to  kill  Sterling  A.  Hopkins  on  June  21,  1856. 

Various  breaches  of  the  peace  and  attacks  upon 
citizens  while  in  the  discharge  of  their  duties,  specified 
as  follows : 

1.  Resistance  in  1853  to  a  writ  of  habeas  corpus 
on  account  of  which  one  Roach  escaped  from  the 
custody  of  the  law,  and  the  infant  heirs  of  the 
Sanchez  family  were  defrauded  of  their  rights. 

2.  An  attack  in  1853  on  a  citizen  of  Stockton 
named  Evans. 

3.  An  attack  in  1853  on  a  citizen  in  San  Fran- 
cisco named  Purdy. 

4.  An  attack  at  a  charter  election  on  a  citizen  of 
Stockton  named  King. 

5.  An  attack  in  the  court  house  of  Stockton  on  a 
citizen  named  Broadhouse. 

Before  Terry's  case  came  to  trial  it  was  known 
that  Hopkins  was  not  fatally  wounded.  Terry's 
confidence  immediately  rose.  Heretofore  he  had 
been  somewhat,  but  not  much,  humbled.  Now  his 


260  THE  FORTY-NINERS 

haughty  spirit  blazed  forth  as  strongly  as  ever. 
He  was  tried  in  due  course,  and  was  found  guilty 
on  the  first  charge  and  on  one  of  the  minor  charges. 
On  the  accusation  of  assault  with  intent  to  kill,  the 
Committee  deliberated  a  few  days,  and  ended 
by  declaring  him  guilty  of  simple  assault.  He 
was  discharged  and  told  to  leave  the  State.  But, 
for  some  reason  or  other,  the  order  was  not 
enforced. 

Undoubtedly  he  owed  his  discharge  in  this  form 
to  the  evident  fact  that  the  Committee  did  not 
know  what  to  do  with  him.  Terry  at  once  took 
the  boat  for  Sacramento,  where  for  some  time 
he  remained  in  comparative  retirement.  Later  he 
emerged  in  his  old  role,  and  ended  his  life  by  being 
killed  at  the  hands  of  an  armed  guard  of  Justice 
Stephen  Field  whom  Terry  assaulted  without 
giving  Field  a  chance  to  defend  himself. 

While  these  events  were  going  forward,  the 
Committee  had  convicted  and  hanged  two  other 
men,  Hetherington  and  Brace.  In  both  instances 
the  charge  was  murder  of  the  most  dastardly 
kind.  The  trials  were  conducted  with  due 
regard  to  the  forms  of  law  and  justice,  and  the 
men  were  executed  in  an  orderly  fashion.  These 
executions  would  not  be  remarkable  in  any  way, 


THE  TRIUMPH  OF  THE  VIGILANTES  261 

were  it  not  for  the  fact  that  they  rounded  out  the 
complete  tale  of  executions  by  the  Vigilance 
Committee.  Four  men  only  were  hanged  in  all 
the  time  the  Committee  held  its  sway.  Never- 
theless the  manner  of  the  executions  and  the  spirit 
that  actuated  all  the  officers  of  the  organization 
sufficed  to  bring  about  a  complete  reformation  in 
the  administration  of  justice. 

About  this  time  also  the  danger  began  to  mani- 
fest itself  that  some  of  the  less  conscientious  and, 
indeed,  less  important  members  of  the  Committee 
might  attempt  through  political  means  to  make 
capital  of  their  connections.  A  rule  was  passed 
that  no  member  of  the  Committee  of  Vigilance 
should  be  allowed  to  hold  political  office.  Shortly 
after  this  decision,  William  Rabe  was  suspended 
for  "having  attempted  to  introduce  politics  into 
this  body  and  for  attempting  to  overawe  the 
Executive  Committee. " 

After  the  execution  of  the  two  men  mentioned, 
the  interesting  trial  of  Durkee  for  piracy,  the  settle- 
ment by  purchase  of  certain  private  claims  against 
city  land,  and  the  deportation  of  a  number  of  unde- 
sirable citizens,  the  active  work  of  the  Committee 
was  practically  over.  It  held  complete  power 
and  had  also  gained  the  confidence  of  probably 


262  THE  FORTY-NINERS 

nine-tenths  of  the  population.  Even  some  of  the 
erstwhile  members  of  the  Law  and  Order  party, 
who  had  adhered  to  the  forms  of  legality  through 
principle,  had  now  either  ceased  opposition,  or 
had  come  over  openly  to  the  side  of  the  Committee. 
Another  date  of  adjournment  was  decided  upon. 
The  gunnybag  barricades  were  taken  down  on  the 
fourteenth  of  August.  On  the  sixteenth,  the 
rooms  of  the  building  were  ordered  thrown  open  to 
all  members  of  the  Committee,  their  friends,  their 
families,  for  a  grand  reception  on  the  following 
week.  It  was  determined  then  not  to  disorganize 
but  to  adjourn  sine  die.  The  organization  was 
still  to  be  held,  and  the  members  were  to  keep 
themselves  ready  whenever  the  need  should  arise. 
But  preparatory  to  adjournment  it  was  decided 
to  hold  a  grand  military  review  on  the  eighteenth 
of  August.  This  was  to  leave  a  final  impression 
upon  the  public  mind  of  the  numbers  and  power 
of  the  Committee. 

The  parade  fulfilled  its  function  admirably. 
The  Grand  Marshal  and  his  staff  led,  followed  by 
the  President  and  the  Military  Commanding 
General  with  his  staff.  Then  marched  four 
companies  of  artillery  with  fifteen  mounted  can- 
non. In  their  rear  was  a  float  representing  Fort 


THE  TRIUMPH  OF  THE  VIGILANTES  263 

Gunnybags  with  imitation  cannon.  Next  came 
the  Executive  Committee  mounted,  riding  three 
abreast;  then  cavalry  companies  and  the  medical 
staff,  which  consisted  of  some  fifty  physicians  of 
the  town.  Representatives  of  the  Vigilance  Com- 
mittee of  1851  followed  in  wagons  with  a  banner; 
then  four  regiments  of  infantry,  more  cavalry, 
citizen  guards,  pistol  men,  Vigilante  police.  Over 
six  thousand  men  were  that  day  in  line,  all  disci- 
plined, all  devoted,  all  actuated  by  the  highest 
motives,  and  conscious  of  a  job  well  done. 

The  public'  reception  at  Fort  Gunnybags  was 
also  well  attended.  Every  one  was  curious  to  see 
the  interior  arrangement.  The  principal  entrance 
was  from  Sacramento  Street  and  there  was  also  a 
private  passage  from  another  street.  The  door- 
keeper's box  was  prominently  to  the  front  where 
each  one  entering  had  to  give  the  pass-word.  He 
then  proceeded  up  the  stairs  to  the  floor  above. 
The  first  floor  was  the  armory  and  drill-room. 
Around  the  sides  were  displayed  the  artillery 
harness,  the  flags,  bulletin-boards,  and  all  the 
smaller  arms.  On  one  side  was  a  lunch  stand 
where  coffee  and  other  refreshments  were  dis- 
pensed to  those  on  guard.  On  the  opposite  side 
were  offices  for  every  conceivable  activity.  An 


264  THE  FORTY-NINERS 

immense  emblematic  eye  painted  on  the  south- 
east corner  of  the  room  glared  down  on  each  as  he 
entered.  The  front  of  the  second  floor  was  also  a 
guard-room,  armory,  and  drilling  floor.  Here  also 
was  painted  the  eye  of  Vigilance,  and  here  was 
exhibited  the  famous  ballot-box  whose  sides  could 
separate  the  good  ballots  from  the  bad  ballots. 
Here  also  were  the  meeting-rooms  for  the  Ex- 
ecutive Committee  and  a  number  of  cells  for  the 
prisoners.  The  police-office  displayed  many  hand- 
cuffs, tools  of  captured  criminals,  relics,  clothing 
with  bullet  holes,  ropes  used  for  hanging,  bowie- 
knives,  burglar's  tools,  brass  knuckles,  and  all  the 
other  curiosities  peculiar  to  criminal  activities.  The 
third  story  of  the  building  had  become  the  armor- 
er's shop,  and  the  hospital.  Eight  or  ten  workmen 
were  employed  in  the  former  and  six  to  twenty 
cots  were  maintained  in  the  latter.  Above  all,  on 
the  roof,  supported  by  a  strong  scaffolding,  hung 
the  Monumental  bell  whose  tolling  summoned  the 
Vigilantes  when  need  arose. 

Altogether  the  visitors  must  have  been  greatly 
impressed,  not  only  with  the  strength  of  the 
organization,  but  also  with  the  care  used  in  prepar- 
ing it  for  every  emergency,  the  perfection  of  its 
discipline,  and  the  completeness  of  its  equipment. 


THE  TRIUMPH  OF  THE  VIGILANTES  265 

When  the  Committee  of  Vigilance  of  1856  ad- 
journed subject  to  further  call,  there  must  have 
been  in  most  men's  minds  the  feeling  that  such  a 
call  could  not  again  arise  for  years  to  come. 

Yet  it  was  not  so  much  the  punishment  meted 
out  to  evil-doers  that  measures  the  success  of  the 
Vigilante  movement.  Only  four  villains  were 
hanged;  not  more  than  thirty  were  banished. 
But  the  effect  was  the  same  as  though  four  hun- 
dred had  been  executed.  It  is  significant  that  not 
less  than  eight  hundred  went  into  voluntary  exile. 

"What  has  become  of  your  Vigilance  Com- 
mittee?" asked  a  stranger  naively,  some  years 
later. 

"Toll  the  bell,  sir,  and  you'll  see,"  was  the 
reply. x 

1  Bancroft,  Popular  Tribunals,  ii,  695. 


BIBLIOGRAPHICAL  NOTE 

CALIFORNIA  has  been  fortunate  in  her  historians. 
Every  student  of  the  history  of  the  Pacific  coast  is 
indebted  to  the  monumental  work  of  Hubert  H.  Ban- 
croft. Three  titles  concern  the  period  of  the  Forty- 
niners:  The  History  of  California,  7  vols.  (1884-1890); 
California  Inter  Pocula,  1848-56  (1888);  Popular  Tri- 
bunals, 2  vols.  (1887).  Second  only  to  these  volumes 
in  general  scope  and  superior  in  some  respects  is  T.  H. 
Hittell's  History  of  California,  4  vols.  (1885-1897). 
Two  other  general  histories  of  smaller  compass  and 
covering  limited  periods  are  I.  B.  Richman's  California 
under  Spain  and  Mexico,  1535-1847  (1911),  and  Josiah 
Royce's  California,  1846-1856  (1886).  The  former 
is  a  scholarly  but  rather  arid  book;  the  latter  is  an 
essay  in  interpretation  rather  than  a  narrative  of  events. 
One  of  the  chief  sources  of  information  about  San 
Francisco  in  the  days  of  the  gold  fever  is  The  Annals  of 
San  Francisco  (1855)  by  Soule  and  others. 

Contemporary  accounts  of  California  just  before  the 
American  occupation  are  of  varying  value.  One  of 
the  most  widely  read  books  is  R.  H.  Dana's  Two  Years 
before  the  Mast  (1840).  The  author  spent  parts  of 
1835  and  1836  in  California.  The  Personal  Narrative 
of  James  0.  Pattie  (1831)  is  an  account  of  six  years' 

267 


268  BIBLIOGRAPHICAL  NOTE 

travel  amid  almost  incredible  hardships  from  St. 
Louis  to  the  Pacific  and  back  through  Mexico.  W.  H. 
Thomes's  On  Land  and  Sea,  or  California  in  the  Years 
1843,  '44,  and  '45  (1892)  gives  vivid  pictures  of  old 
Mexican  days.  Two  other  books  may  be  mentioned 
which  furnish  information  of  some  value:  Alfred 
Robinson,  Life  in  California  (1846)  and  Walter  Colton, 
Three  Years  in  California  (1850). 

Personal  journals  and  narratives  of  the  Forty-niners 
are  numerous,  but  they  must  be  used  with  caution. 
Their  accuracy  is  frequently  open  to  question.  Among 
the  more  valuable  may  be  mentioned  Delano's  Life  on 
the  Plains  and  among  the  Diggings  (1854) ;  W.  G.  John- 
ston's Experience  of  a  Forty-niner  (1849) ;  T.  T.  John- 
son's Sights  in  the  Gold  Region  and  Scenes  by  the  Way 
(1849) ;  J.  T.  Brooks's  Four  Months  among  the  Gold-Find- 
ers (1849);  E.  G.  Buffum's  Six  Months  in  the  Gold 
Mines  (1850) — the  author  was  a  member  of  the  "Steven- 
son Regiment";  James  Delevan's  Notes  on  California 
and  the  Placers:  How  to  get  there  and  what  to  do  after- 
wards (1850);  and  W.  R.  Ryan's  Personal  Adventures 
in  Upper  and  Lower  California,  in  1848-9  (1850). 

Others  who  were  not  gold-seekers  have  left  their 
impression  of  California  in  transition,  such  as  Bayard 
Taylor  in  his  Eldorado,  2  vols.  (1850),  and  J.  W.  Harlan 
in  his  California  '46  to  '88  (1888).  The  latter  was  a 
member  of  Fremont's  battalion.  The  horrors  of  the 
overland  journey  are  told  by  Delano  in  the  book  already 
mentioned  and  by  W.  L.  Manly,  Death  Valley  in  '49 
(1894). 

The  evolution  of  law  and  government  in  primitive 
mining  communities  is  described  in  C.  H.  Shiun's 


BIBLIOGRAPHICAL  NOTE  269 

Mining  Camps.  A  Study  in  American  Frontier  Govern- 
ment (1885).  The  duties  of  the  border  police  are  set 
forth  with  thrilling  details  by  Horace  Bell,  Reminis- 
cences of  a  Ranger  or  Early  Times  in  Southern  California 
(1881).  An  authoritative  work  on  the  Mormons  is 
W.  A.  Linn's  Story  of  the  Mormons  (1902). 

For  further  bibliographical  references  the  reader  is 
referred  to  the  articles  on  California,  San  Francisco, 
The  Mormons,  and  Fremont,  in  The  Encyclopaedia 
Britannica,  llth  Edition. 


INDEX 


Alvarado,  Governor  of  Califor- 
nia, 15-16,  18,  23 
"Arcadian  Age,"  58-62 
Ashe,  Richard,  251,  252 

Baker,    Edward,    Colonel,    236, 

244 
"Bear    Flag   Revolution,"    32- 

36 
Benton,  T.  H.,  father-in-law  to 

Fremont,  29;  exerts  influence 

in  Fremont's  behalf,  40 
Bluxome,  Isaac,  202,  204 
Bovee,  253 
Bowie,  251,  252 
Brannan,  Sam,  56-57,  155,  189 

Cahuenga,  Treaty  of  (1847), 
42 

California,  inhabitants,  1;  occu- 
pation by  Spain,  2  et  seq.', 
classes,  5-6;  life  of  early 
settlers,  6  et  seq.;  advent  of 
foreign  residents,  13  et  seq.; 
population  in  1840,  16-17; 
arrival  of  two  parties  of  set- 
tlers (1841),  17;  Fremont's 
expedition,  29;  military  con- 
quest by  U.  S.,  30  et  seq.', 
Mexican  laws  in,  46-50;  con- 
stitutional convention  (1849), 
50-52;  influence  of  discovery 
of  gold,  52-54;  overland  mi- 
gration to,  67  et  seq.;  journey 
by  way  of  Panama  to,  96  et 
seq.;  life  in  the  gold  fields,  107 
et  seq.;  city  life  in  1849,  119 
et  seq.;  law,  174-76;  politics, 


176-80;     financial    stringency 

(1855),  181-83 
California  Star,  the,  123 
Carson,  Kit,  38 
Casey,  J.  P.,  191,  192  et  seq.,  220 

et  seq. 

Chagres  in  1849,  99-100 
Cole,  Beverly,  202 
Coleman,  W.  T.,  201,  202,  204, 

205,  211  et  seq.,  251 
Cora,  Charles,  trial  of,  189-91; 

re-trial    by    Vigilantes,    225- 

226 

Daily  Evening  Bulletin,  184-88. 

190 

Delano,  75 
Dempster,    Clancey,    £01,    202. 

204 

Den,  Nicholas,  14 
Doane,  Charles,  219 
Donner  party,  26 
Dows,  James,  202 
Duane,  Charles,  235 
Durkee,  John,  249-51 

Farragut,  David,  242 

Farwell,  201 

Fremont,  J.  C.,  expedition,  29 
et  seq.;  personal  characteristics, 
40-41,44-45;  negotiates  treaty 
with  Calif ornians,  42;  appoint- 
ed Governor  of  California,  42; 
asks  permission  to  form  expe- 
dition against  Mexico,  43- 
44;  court-martialed  and  dis- 
missed from  service,  44 


271 


272 


INDEX 


Gatun  in  1849,  100-01 

Gavilan  Peak,  U.  S.  flag  raised 
at,  30 

Gift,  Colonel,  218 

Gillespie,  Lieutenant,  30,  31- 
32 

Gold,  influence  of  discovery  upon 
life  in  California,  52-54;  dis- 
covered by  Marshall  (1848), 
55;  news  brought  to  East,  62; 
influence  in  Europe,  65-66; 
the  diggings,  106  ei  seq. 

Graham,  Isaac,  15-16 

Green,  Talbot,  172 

Harlan,     William,     account     of 

overland       journey,       68-69; 

quoted,     121;     experience     in 

San  Francisco,  128 
Hartnell,  14 
Herald,  200 
Hittell,  T.  H.,  recounts  incidents 

of  overland  journey,  70,  72 
Hopkins,  Sterling,  251,  252 
Hossefross,  202 
"Hounds,  "The,  137-39 
Howard,  Volney,  241,  244,  245, 

246 

Ide,  W.  B.,  34 

Indian  menace  to  immigrant 
trains,  71 

Jenkins,    John,    trial    of,    153- 

156 
Johnson,    J.    N.,    Governor    of 

California,  210  et  seq. 
Johnston,  Captain,  38 

Kearny,  General  Stephen  Watts, 

37  et  seq. 

Kearny,  Woolley,  235 
Kelly,  John,  115 
King,  James,   of  William,   183, 

184  et  seq.,  207-08,  227 

Larkin,  T.  O.,  28-29 


"Law  and  Order"  party,  179, 
208;  clash  with  Vigilantes, 
236  et  seq. 

Leese,  Jacob,  33 

McGlynn,  J.  A.,  129-30 

McGowan,  Edward,  195-96, 
235 

McLean,  William,  235 

McNabb,  252 

Maloney,  Rube,  248,  251,  252 

Marshall,  James,  discovers  gold, 
55 

Mason,  Colonel  R.  B.,  46 

Meiggs,  Harry,  172 

Merritt,  33 

Mesa,  Battle  of  the,  41 

Mexican  government  in  Cali- 
fornia, attitude  toward  set- 
tlers, 17-19,  27 

Mexican  War,  influence  upon 
affairs  in  California,  35 

Missions  established  by  "Sacred 
Expedition,"  3 

Montgomery,  Lieutenant,  35 

Mormons,  19-20,  56-57,  77  et 
seq. 

Mountain  Meadows  massacre, 
95 

Musgrave,  J.  D.,  235 

Oregon    question,    effect    upon 
Western  migration,  20-21,  55 
Oregon  Trail,  21-22 

Panama  as  a  route  to  California, 

96  et  seq. 
Panama,  city  of,  in  1849,  102- 

103 

Pattie,  James,  14 
Pico,  Andres,  37 
Portola,  2 
Pratt,  P.  P.,  80 

"Regulators,"  the,  136-37 

Richardson,  W'illiam,  189 

Rigdon,  Sidney,  80 

Rowe,  252 

Ryan,  W.  R.,  quoted,  7,  120-21 


INDEX 


273 


"Sacred  Expedition,"  2 

San  Diego,  first  mission  founded 
(1769),  13 

San  Francisco,  before  discovery 
of  gold,  123;  effect  of  dis- 
covery of  gold,  123-24;  in 
1849,  124  et  seq.;  fire  of  Dec. 
4,  1849,  141;  later  fires, 
142;  Volunteer  Fire  Depart- 
ment, 143-46;  civic  progress, 
146-49;  population  in  1851, 
150-51;  in  the  mid-fifties,  159 
et  seq. 

San  Gabriel  River,  Battle  of 
(1847),  41 

San  Pascual,  Battle  of,  38 

Santa  Fe,  14 

Semple,  33 

Serra,  Father  Jumpero,  2 

Sherman,  W.  T.,  208-09,  242- 
243,  245 

Sloat,  Commodore  J.  D.,  35, 
36 

Smith,  Growling,  48 

Smith,  Jedediah,  15 

Smith,  Joseph,  Jr.,  founder  of 
the  Mormon  Church,  77-79;  as 
a  leader,  79-80;  death,  85 

Smith,  Peter,  claims  against 
city  of  San  Francisco,  170 

Sonoma  captured,  32-35 

Spain,  religious  occupation  of 
California,  2  et  seq.;  dis- 


courages    immigration     into, 

13 

Spence,  David,  14 
Stockton,  Robert,   Commodore, 

36     et     seq.;     quarrels     with 

Kearny,  38-39 
Stuart,  James,  151-52 
Sunday  Times,  the,  192 
Sutler,  Captain  J.  A.,  23-26 
Sutler's  Fort,  24,  25,  29,  30,  33, 

106 
"Sydney  Ducks,"  136,  234 

Terry,  Judge,  241,  242,  243,  245- 

46,  251,  252 

Thomes,  W.  H.,  quoted,  9 
Three  Weeks  in  the  Gold  Mines, 

Simpson,  64 
Truett,  201,  220',  251 

Vallejo,  General,  18 
Vigilantes,  of  1851,  150  et  seq.; 
of  1856,  231  et  seq. 

Walker,  Joseph,  29,  30 
White,  James,  235 
Wightman,  Peter,  235 
Wool,  General,  242 

Yerba  Buena,  see  San  Francisco 
Young,  Brigham,  85-88,  89,  90 
91 


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